What Happens when you Contest a
Will?
The Court will take into account the following
guidelines when considering a claim brought
under the 1975 Act. These are as follows:
• The financial needs and resources of the
beneficiaries and applicants (if they are not
a beneficiary)
• Any obligations and responsibilities the
deceased had towards any beneficiary or
applicant
• The size and nature of the estate
• Any mental or physical disability of the
beneficiary or applicant.
When considering claims brought by a spouse
or civil partner, the Courts will consider the age
of the applicant and duration of the marriage or
civil partnership.
The test when considering the standard
of provision is “such provision as would be
reasonable in all the circumstances to maintain
the applicant.”
If the applicant is successful then the courts will
decide what award should be made. The Will
remains valid, but the way assets are distributed
will be varied by the court to make provision for
the applicant. This varies by case as what award
is appropriate will depend on the circumstances
of the applicant, the size of the testator’s estate,
and what assets are available.
For the invalidity claims the outcome is very
different. If the claimant is successful in bringing
their claim and the testator had made an earlier
Will, the estate will simply be distributed in
accordance with the earlier Will. However, if
the testator had not made an earlier Will, their
estate will pass in accordance with the laws of
intestacy.
Is there a Time Limit for Contesting a
Will?
Yes, but again this varies. A provision claim must
be brought within 6 months of the grant of
probate. It is therefore advisable for executors
not to distribute the estate for at least 6 months
from the grant of probate or even wait another
12
the society of will writers
4 months after that as the applicants have 4
months from the issue of proceedings to serve
them on the other side. If an executor waits
before distributing the estate is protected from
any liability under the 1975 Act.
For claims that the Will is invalid there is no
time limit.
What Happens if an Executor or
Trustee Contests the Will?
If an executor or trustee contests the Will for
any reason, they simply need to renounce their
position as there would be a conflict of interest
if they continued to act. It is always advisable to
appoint substitute executors and trustees.
Example Cases
As more and more Wills are being contested
by disappointed family members who believe
they should have had either a share or a greater
share of the inheritance, cases tend to fall in the
public eye.
Let’s take a look at an earlier case of Ilott v
Mitson and Others, 2015.
In this case, Mrs Ilott brought a successful claim
under by the 1975 Act against her mothers’
estate despite being excluded from her mother’s
Will. The estate was valued at around £480,000
and had been left to 3 animal charities.
Mrs Ilott was estranged and therefore her
mother had deliberately excluded her daughter
from the Will and instead left her estate to 3
animal charities which it was found she had no
connection with.
Previously, adult children who tried to claim
under the Inheritance Act on the grounds of
reasonable financial provision not being made
for them, were unsuccessful as there was no
evidence that as an adult, they were being
provided for by their parents. Despite this, at
first instance, Mrs Ilott was successful in her
claim and was awarded £50,000.
The decision was appealed by Mrs Ilott on the
grounds that the award was insufficient as it
would deprive her of her means tested benefits