On What Grounds Can You Successfully Contest A Last Will And Testament?


3 Answers

Anonymous Profile
Anonymous answered
What course can be taken if 3 members of a family inherit from an older relative,and one member contests
Anonymous Profile
Anonymous answered
If my father left my mother a home and  my brother is my fathers child and I grew up in in the home
Julii Brainard Profile
Julii Brainard answered
This is a technical legal question and you are not going to get accurate legal advice on Blurtit.

This answer for England and Wales; please ask again being more specific about which country you mean if not E+W.

If you want a general idea, basically the people who can legitimately challenge a will must have a close relationship with the deceased. Either as child, dependent or spouse -- including common-law spouses (when you have lived with someone for years but never quite got married).

Courts will take into account the contestor's financial relationship with the deceased. Especially if a dependent is involved who has no other assets or means of getting by.

If the person is only a co-inhabitant or adult child (not a dependent), then the stability of the mental state of the deceased may have to be questioned to change the wishes of the will. Evidence of a will being made under duress (such as threats) could also be basis for a challenge, especially if the last will is strongly in disagreement with previous last testaments.

It is also possible (some would say too easy!) to contest a will if the will is badly phrased about who gets what in the estate. The same applies if the will has not been properly witnessed.

Wills may also be contested if they simply make no sense.

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