Contesting a will can be difficult, time consuming, costly and emotionally draining. However many hundreds of cases of wills being contested occur every year in the UK, and many of these are subsequently successful.
Arguably the most famous case of a will being successfully contested was when the son of Branislav Kostic was, in 2007, able to overturn his father’s last will, which had stipulated that the entirety of his £8 million fortune was to be left to the Tory party. Kostic was not of sound mind when he drafted the will and this case marked the start of hope for many thousands of people in the UK who have felt as though they’ve been unfairly left out of a will.
Reasons for Contesting a Will
The majority of rulings which overturn a will occur in the case of the testator not having been in possession of their full capacities at the time their will was drafted. A will might also be ruled invalid if the testator was forced or coerced into making their will, or if the will itself has not been produced in accordance with formal guidelines.
Guidance for Contesting a Will
If you feel as though you have been unfairly left out of a will, you may wish to contest it in court. Your financial status will be assessed by the Court to determine need, and all obligations and responsibilities which existed between you and the deceased will be taken into account.
Contesting a will can be costly, which is many people choose to consider contesting a will on a No Win No Fee basis using a professional, experienced solicitor. They will investigate the circumstances of the will and help you to prepare your case for hearing.