Grounds For Challenging The Substantial Validity Of A Will
If you’re worried that a Will does not reflect someone’s true wishes, the law allows challenges though only on specific grounds. Here are the four main bases on which a will can be overturned.
- Lack of Testamentary Capacity
A person must have been mentally capable when they made their Will. This means they must have understood:
- What a Will is and what it does
- What assets they owned
- Who they might reasonably be expected to consider as beneficiaries
Serious cognitive decline, confusion, or mental illness at the time the will was made may call the Will’s validity into question.
- Lack of Knowledge and Approval
Even if someone had capacity, they must also have known and approved what was in the Will when they signed it.
A challenge may arise if:
- The will was prepared or arranged by someone who benefits from it
- There was a drastic and unexplained change from previous wishes
- The person signing the Will was vulnerable, isolated or dependent on someone who influenced the process
The court must be satisfied the will reflects the testator’s true intentions.
- Undue Influence
This involves coercion, pressure so strong that the person making the Will felt they had no real choice.
Examples include:
- Bullying, threats or manipulation
- Exploiting illness, frailty or dependence
- Wearing someone down so they “give in” for a quiet life
Undue influence is difficult to prove and requires strong evidence.
- Fraudulent Calumny
Fraudulent calumny happens when someone deliberately lies to the testator about another person to turn them against that person.
For example:
- Falsely telling a parent that a child has stolen from them
- Inventing wrongdoing to poison the relationship
The key element is dishonesty or reckless disregard for the truth.
Final Thoughts
Challenging a Will is a technical and evidence‑driven process, but there are clear legal routes to take when something feels wrong. If you are concerned about the circumstances in which a Will was made, early legal advice and proper investigation are essential.
Please do not hesitate to contact us on litigation@barwells.com, and we would be happy to assist
Blog by Holley Henden
