Contesting a will

Matthew Evans acted for the successful claimant in the leading case involving contesting a will for undue influence of Re Edwards [2007] EWHC 1119 (Ch). The claimant, John Edwards, contested the will of his late mother, Winifred Victoria Edwards, which left the whole of her estate to her other son, Terry. John’s claim was that Terry had deliberately poisoned his mother’s mind by making untruthful accusations against John and his wife, Carol, with the effect that their mother’s free will was “overborne” such that she changed her will to favour Terry.

The High Court found in favour of John and held that the will should be set aside for undue influence, specifically on the basis of “fraudulent calumny”, a type of undue influence which involves one person “poisoning” the mind of another in the hope of them changing their will to exclude another person.

This case remains one of the leading cases on contesting a will for undue influence, specifically, fraudulent calumny.

Hugh James acted for a claimant who was contesting her late uncle’s last four wills on the basis that:

1. three of the wills had not been validly signed and witnessed in accordance with section 9 Wills Act 1837
2. the other will was made at a time when the deceased had been extremely vulnerable and therefore susceptible to the influence of others.

During his lifetime the deceased, an elderly gentleman, had invested in a number of questionable investments involving rare metals and wine portfolios and soon became the target of numerous scams. He was befriended by one of the employees of one of the wine investment companies who went under a pseudonym and, over the course of a number of months, his investments steadily increased as did apparent gifts to the employee in his wills.

After detailed investigations and robust correspondence we were successful in having the gift to the employee set aside and we were also able to achieve an excellent result for our client at mediation against another beneficiary who had sought to secure a significant gift under that same will.

In addition to successfully contesting wills, we pride ourselves on robustly defending will claims. In a recent claim we acted for the daughter of the deceased who had left her entire estate to our client.

Our client’s half-sister sought to contest the will on the basis that the deceased lacked testamentary capacity and knowledge and approval and entered a caveat in an attempt to block the grant of probate.

It was clear from the outset that the claim had no merit but the half-sister sought to use the caveat as leverage in the hope of achieving a pay-out.

We therefore issued a claim to “prove” the last will and the half-sister immediately agreed to withdraw her challenge.

During his last years the deceased was bed-bound and totally reliant on the support of carers. His will (which was homemade) couldn’t be found after he died.

The legal dispute focused on the reasons why the will had been lost. If the will was deliberately destroyed by the deceased with the intention of revoking it, then it wouldn’t have effect, and the estate would have passed on the basis of the intestacy rules, the rules which apply where there is no valid will. On the other hand, if the will was genuinely ‘lost’, or destroyed by mistake, then it would still have taken effect.

Evidence was scarce, and it became clear that if the matter reached trial the court was going to have to decide which event was more likely, based on the individual circumstances.

We acted for a company who represented all of the intestacy beneficiaries. The opponents (the executors and beneficiaries under the lost will) argued that the will had most likely been accidentally destroyed by a third party.

We were able to negotiate a favourable settlement for the intestacy beneficiaries which avoided the costs and risk of trial.

Yes. We offer a free 20 minute telephone consultation.

In many cases we’re able to offer a range of flexible pricing options including “no win, no fee” agreements, fixed fees and deferred payment arrangements depending on each case.

Some cases may also be suitable for “After the Event” insurance funding which provide cover for the cost of disbursements such as court and expert fees as well as protecting you from any potential adverse costs order.

Get in touch to find out more.

If you are successful in contesting a will then the terms of any earlier, valid will would usually take effect. If there is no earlier will then the estate is distributed in accordance with rules set out by law, known as the intestacy rules.

As such, the starting point is to determine what you stand to inherit if you are successful in contesting a will.

In many cases it’s also possible to negotiate a settlement which avoids the costs and risks of proceeding to trial.

Each case is unique and so how quickly your case might be resolved depends on the particular circumstances. However, with one of the largest contested wills teams in the UK with over 50 years’ experience in contesting wills, and with recognised leaders in the field of contesting wills, you can rest assured that your case is in good hands and that we’ll work with you to resolve your claim as quickly as possible.

Anyone who is likely to benefit from an earlier will or on intestacy (where there is no earlier will) is able to contest a will.

If property is given away in a will, which was either gifted or promised to you during that person’s lifetime, you may also be able to challenge this.

If you’ve been left out of a will or didn’t inherit as much as you had expected then you may also be eligible to bring a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

If you were meant to benefit under a will but didn’t due to a failing by a professional preparing the will, you may be able to make a professional negligence claim.

Each case is different but our experience in this area means that we can advise if you have a possible claim to contest a will or if you need to defend a claim to dispute a will.

We offer free, no-obligation consultations and flexible pricing options, tailored to your needs.

Most claims involving contesting a will are resolved without the need for court proceedings. Of those cases which do proceed to trial, the general rule is that the losing party pays the majority of the winning party’s costs.

Each case is different and our experienced solicitors have a strong track record of achieving excellent results for our clients and providing frank, no-nonsense advice.

In many cases we’re also able to offer tailored pricing options. We pride ourselves on the service we provide to our clients and back this up with service level guarantees; if you feel that the service you’ve received has fallen short then we’ll offer a discount on our fees, no strings attached.

Mediation is a form of dispute resolution in which an independent person, known as a mediator, is appointed to try to broker a deal usually on a ‘without prejudice’ basis so anything discussed at mediation can’t be disclosed to the court.

The usual format involves the parties attending a mediation with each “side” having their own, private room. The mediator’s job is then to work with the you and your lawyer to try to achieve a positive settlement.

Although not suitable for every case, in our experience mediations do have a high success rate. Our experience and knowledge of contesting wills means that we’re well placed to act in mediations and are proud to have surpassed our clients’ expectations in achieving positive settlements.

If you’re considering contesting a will, the first step is usually to enter what is known as a “caveat”. This is a document which prevents a person from obtaining probate of the will you are looking to contest.

Unless the caveat is removed by agreement or is “warned off” by the person seeking to put the will to probate, it’s necessary to renew the caveat every six months.

A caveat is often a very useful tactical first step in contesting a will.

If a will has already been put to probate then it becomes a public document. Similarly a grant of probate is a public document.

In both cases, you can use the Government website to search probate records for documents and wills.

Assuming it’s not possible to reach unanimous agreement with all potentially affected parties, you may need to apply to court to ask it to construe the terms of the will or to have it rectified.

We have acted both for individuals and professionals in applications to rectify wills and in will constructions claims.

See our section above on rectification and construction of wills for more information.

A Larke v Nugus statement is an informal name for a statement from a will writer regarding the circumstances surrounding the preparation of a will which is being contested. Its name comes from a 1979 case in which the court confirmed that, in circumstances where real concerns are raised about the validity of a will which is being contested, the person who prepared the will should provide a statement.

A Larke v Nugus letter is the letter which requests the will writer to provide a statement. While such a letter can take a standard form, it’s best practice to ensure that any such letter is tailored to the specific circumstances of the particular claim to contest a will.

A Larke v Nugus letter is often the first step in contesting a will.

Yes. Provided the deceased had some link with England or Wales i.e. because they had assets here, were domiciled here (whether at death or before) or elected England and Wales as their choice of law under their will then it may be possible and, indeed, preferable to contest a will here.

We are one of the few contested wills teams in the UK with expertise in both onshore and cross-border will disputes.