Grounds for contesting a Will include:

Testamentary capacity

For a person to make a valid Will they must be of sound mind.

For a Will to be valid, a person must:

• Understand the nature of making a Will and its effects
• Understand the extent of the property of which they are disposing
• Be able to comprehend and appreciate the claims to which they ought to give effect
• Have no disorder of the mind which perverts their sense of right or prevents the exercise of their natural faculties in disposing of their property by Will

If there are any concerns about the above elements, this could be a starting point when challenging a Will on the grounds of a lack of testamentary capacity.

Lack of valid execution

The legal presumption is that a Will has been validly executed unless there is evidence to the contrary that shows it has failed to meet one or more of the following requirements:

• The Will must be in writing and signed by the testator or signed by someone else in their presence who has been directed to do so by the testator
• It must appear that the testator intended by their signature to give effect to the Will
• The testator’s signature must be made or acknowledged in the presence of at least two witnesses present at the same time
• Each witness must either attest and sign the Will or acknowledge the signature in the presence of the testator

Lack of knowledge and approval

A person must have knowledge of, and approve of, the content of their Will.

You can contest a Will on this basis even if the Will appears to be validly executed and the testator had mental capacity.

It must be shown that the testator was not aware of the content of the Will or that there were suspicious circumstances.

At Kirwans we can advise you on whether you have grounds to challenge a Will if you are concerned about a lack of knowledge and approval.

Undue influence

If you have concerns that a person prepared the Will whilst being unduly influenced, coerced or under duress, you must show actual undue influence to contest the Will on this ground.

The law does not automatically presume undue influence simply because a person in a position of trust has received assets.

The evidence required must be of a high standard for the Court to accept arguments on this ground.

If you believe a Will was made as a result of significant coercion, or you are facing such a claim, Kirwans can guide you through the process.

Fraudulent or forged Wills

You may contest a Will if you believe it was forged or fraud has taken place. This is a serious allegation and requires evidence that reasonably supports a case of fraud.

Such allegations may involve the Police and handwriting experts.

The Solicitors Code of Conduct states that allegations of fraud must:

• Go to a material issue in the client’s case
• Be supported by reasonable grounds

Kirwans can advise whether you are bringing or defending a claim involving fraud or forgery.

Revocation or rectification

A Will may be rectified where it fails to carry out the testator’s intentions, often due to administrative error or misunderstanding of instructions.

We can advise on negligently drafted Wills, rectification claims and disputes regarding the construction of a Will.

Our Contentious Probate solicitors have extensive experience acting for beneficiaries, executors, trustees and administrators in Will disputes.

We are here to guide you through any complexities and ensure you have a clear understanding of the process and potential outcomes when contesting a Will.