Grounds for Contesting a Will

Overview

A will can only be contested on recognised legal grounds. In practice, the most common grounds include lack of proper execution, lack of testamentary capacity, lack of knowledge and approval, and allegations of undue influence or fraud. Understanding those distinctions is important because different grounds require different evidence and different legal analysis. Alstern Solicitors can help identify which route, if any, is realistically available in a particular case.

Eligibility / Key Legal Requirements

Key legal requirements:

• A challenge must be based on a recognised legal ground
• The grounds relied on should be pleaded clearly and specifically
• Allegations of capacity, undue influence or fraud require factual particulars
• The relevant evidence depends on the ground being advanced
• Delay can make the evidential position more difficult
• Early assessment is important before proceedings are issued

Common supporting documents:

• The signed will and any earlier wills
• Attestation clause and execution evidence
• Solicitor file and attendance notes
• Medical records
• Witness statements
• Handwritten instructions or notes
• Correspondence relating to the estate

Common Risks or Mistakes

A common mistake is assuming one suspicion fits every case.

For example:

• a concern about memory may point to capacity evidence;
• a concern about pressure may point to undue influence;
• a concern about paperwork may raise due execution;
• a concern about whether the deceased understood the will may raise knowledge and approval.

Using the wrong ground can weaken an otherwise legitimate concern.

Case Study from Alstern Solicitors

Background

A family member believed a new will was suspicious because it differed sharply from earlier arrangements.

Challenge

It was not clear whether the issue was capacity, pressure, or whether the deceased fully understood the new document.

How We Assisted the Client

We analysed the factual background, identified the possible legal grounds separately, and advised on what evidence would be needed for each.

Outcome

The client was able to approach the dispute more strategically and avoid making unsupported allegations.

What Happens If You Choose the Wrong or Inexperienced Solicitor?

If the wrong legal ground is chosen, the dispute can become more expensive and less effective.

That can lead to:

• inadequate pleadings;
• evidence being gathered for the wrong issue;
• avoidable procedural problems;
• loss of negotiating strength;
• higher costs and delay.

How Can Alstern Solicitors Help?

Alstern Solicitors can advise on wills, inheritance tax planning, trusts, lasting powers of attorney, probate and disputes involving estates. We provide practical, tailored advice designed to help you protect your assets and your family’s position.

Given the rapid changes and strict regulations in UK law, choosing the right law firm to protect your legal rights is a crucial decision. With the large number of law firms available today, finding one that offers the highest legal expertise, professionalism, and ethical standards can be a challenge.

Alstern Solicitors is proud to be one of the leading and highly reputable law firms regulated by the Solicitors Regulation Authority (SRA) in the UK. We consistently adhere to the most stringent ethical and professional standards. This commitment has enabled us not only to achieve a high success rate but also to earn the trust and confidence of the communities we serve, making Alstern Solicitors one of the leading and highly reputable law firms in the UK. We provide our clients with the assurance that their cases will be handled to the highest standards, including:

• absolute confidentiality;
• full compliance with UK law;
• high-quality services with transparency and clear fee structures;
• clear, efficient, and reasonable handling processes;
• professional and dedicated support throughout the entire process.

This means we are always prompt, professional, and dedicated in supporting our clients through every step of the legal process: comprehensive assessment, in-depth consultation, and an optimal legal roadmap tailored to each individual case. As a reputable law firm, we have the responsibility to provide our clients with full transparency regarding their rights and obligations, helping to minimise legal risks in the future.