Legal Grounds for
Contesting a Will

• Is the Will valid?
• Does the Will make proper provision for you and your dependents?
• Have the Executors or Trustees behaved improperly  or unreasonably?
• Has the Solicitor been negligent in preparing the Will?
• Has the Solicitor been negligent in Administering the Estate?
• Is there a dispute about who owns the property  referred to in the Will?
• Is there some other problem?

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Property Disputes and Wills

You may wish to set about contesting a Will if you feel that you have an interest in the property of the deceased that is not properly recognised by the personal representatives.

You may, for instance, have made a financial contribution to the purchase of a house or other property and consider that you have a personal interest in that property and want to stop it being sold or passed to someone else under the Will.

If you do have such an interest in property it is quite likely that, even given the periodic fluctuations in house prices, your interest has acquired a substantial value. Contesting a Will in these circumstances is quite understandable and is really your only way to secure proper value for your property interest.

Often, in family transactions of this kind, the ‘family arrangement’ is quite plainly understood by the parties but is not properly written down or documented in the form of a written agreement. This does not necessarily mean that the arrangement is not enforceable in law and you may well have a good claim against the estate.

You may also have been ‘promised’ that you will inherit certain property and may have taken important financial decisions based on that promise. Contesting a will often enables the beneficiaries to ensure such promises are fulfilled.