The short answer is Yes. Wills can be overturned in some situations, but it is not as straightforward as you may think. A will is a legal document which outlines how a person’s assets are distributed after their death. In some circumstances they can be challenged, however, this can only be done under certain legal grounds under UK law.
Here are some examples of on which grounds a will can be contested in the UK:
- Under the Mental Capacity Act 2005, the person signing their will must be mentally fit and understand the nature of a will. A will would be invalidated if at the time the testator was not mentally fit due to a mental illness or dementia.
- If a person signing a will was under the influence or put under pressure into changing their will, then it has grounds to be overturned. It would need to be proved that the person was under the influence and did not make the will under their own free will.
- If someone has fraudulently created a will or forged a signature by being misled about the document, then this can be invalidated.
If you are looking to challenge a will in the UK, you will be required to make a claim in the High Court. This should be put forward within six months, however, some exceptions may be considered under certain circumstances. If you are successful in overturning a will then the estate is usually distributed under a previous valid will or if there was no previous will, then this would be distributed under the rules of intestacy.
