Beneficiaries can challenge a will; however, this is somewhat complex. A will can be challenged under strong legal grounds through the courts. In certain circumstances where beneficiaries feel they have been treated unfairly or if someone has been excluded from the will, then they can contest this through the courts.
There are many grounds on which a beneficiary can challenge a will. Here are some examples:
- A will can be challenged under the Mental Capacity Act 2005. If the person making a will suffers from a mental illness and does not understand what a will is or if a person was not mentally fit because of dementia when they signed it, the will would be invalid.
- Beneficiaries can challenge a will if the testator was pressured or influenced when outlining their will. It must be proven that they were not acting of their own free will when they were influenced.
- If the beneficiaries can provide evidence that a will was forged or amended fraudulently, then this can also be contested for its validity. For such prove you would require an expert in this field, such as someone who can analyse handwriting.
When it comes to challenging a will, there are certain restrictions and timeframes. Beneficiaries must challenge a will within six months. However, in some cases such as fraud, there is no time limit for making a claim. It is important to know that challenging a will can be a long and an expensive process. However, in such matters it is always best to seek legal advice to protect your interests.
