Can my Will be challenged?

January 9, 2017 by Melinda @ Giles Wilson Solicitors

Can my Will be challenged ?

As a solicitor making wills for clients in Leigh on sea for over 25 years, I am often asked this question.  The answer has to be that Yes, any will can be challenged, but the point is whether it will be successfully challenged.  As in all aspects of law, no outcome is always the same, because it depends upon the particular circumstances.

You may be aware that a big case hit the headlines last year when a daughter who had been estranged from her parents for many years successfully challenged her parents’ will that left all their estate to charities.  There was no question that her parents were of “unsound mind”; her claim was based on the fact that as their daughter she was entitled to rely upon the inheritance by way of financial entitlement. This is a dependency claim and these can arise more frequently than you would think.  In this particular case (Ilott v Mitson), the daughter had not had contact with her mother for many years but was in financial need and the court found that her needs were so extreme and far more so than the charities that were to benefit by the will.

This case hit the headlines for the very reason that the daughter had not actually been financially dependent on her mother and that had been the benchmark that many of us lawyers had always looked at. There are many cases of families in and around Leigh where a family member is actually more financially dependent than another and so you can see just how difficult it is to answer the question about a Will being challenged with certainty.    The important thing is to understand the possibilities.

Executors face these challenges when they obtain probate; it is essential to be aware of the possibility of a claim and to take the right steps. 

On the other hand, what if you are a close friend or family member of someone who has died leaving a will that you really do think just is not right?  That it feels very much that they were unduly influenced to make that will, even coerced? Or if at that time, they did sadly suffer from dementia or other illness that would have affected their ability to think clearly? My opinion is that I would do something about it; speak to a solicitor (us at Giles Wilson if you like!) and get some preliminary advice.  


This article is by Melinda Giles at Giles Wilson Solicitors
For legal advice please call 01702 477 106 or visit one of Giles Wilson's offices: 1711 London Road Leigh, 54 Leigh Broadway, 5 Roche Close Rochford
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If you would like to put forward a question to Melinda, please comment below or email joanna@leigh-on-sea.com