Will contests fall into two main categories, each requiring different defence strategies.
Understanding these grounds early allows you to have a good understanding of the strengths and weaknesses of the claimant’s case.
Will validity challenges (contentious probate)
The challenger claims something is fundamentally wrong with the will itself. They must prove one of these grounds:
- Lack of testamentary capacity – the deceased didn’t understand what they were doing
- Lack of due execution – the will wasn’t properly signed or witnessed
- Lack of knowledge and approval – the deceased didn’t know or approve the will’s contents
- Undue influence – someone coerced the deceased into making the will
- Fraud or forgery – the will or signature is fake
These claims are difficult to prove, and the court requires compelling evidence. Most will validity challenges fail, which gives defendants a strong starting position.
Inheritance Act claims
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 accept the will is valid but argue the claimant was unfairly left out of a reasonable financial provision.
These claims are more fact-sensitive and often resolved through negotiation rather than the court.
Our experienced inheritance dispute solicitors at Awdry Law can advise on Inheritance Act claims where the will is accepted as valid, but the claimant argues that it fails to make reasonable financial provision.
How does the court decide on an Inheritance Act claim?
When a claim is brought under the Inheritance (Provision for Family and Dependants) Act 1975, the court’s central question is whether the Will (or the rules of intestacy) makes “reasonable financial provision” for the claimant.
The court doesn’t rewrite the deceased’s wishes lightly, but it does have wide discretion to adjust the distribution of an estate where it concludes that a provision falls short of what is reasonable in the circumstances.
To reach that decision, the court considers a set of factors set out in section 3 of the Inheritance Act. These factors typically include:
- The financial resources and needs of the claimant, both now and in the foreseeable future
- The financial resources and needs of any other beneficiaries of the estate
- Any obligations or responsibilities the deceased owed to the claimant or to a beneficiary
- The size and nature of the estate
- Any physical or mental disability of the claimant or a beneficiary
- The conduct of the claimant or any other relevant person
- Any other matter the court considers relevant, including the deceased’s stated reasons for the provision made
The standard applied also depends on who is bringing the claim. A spouse or civil partner is judged against a more generous benchmark, broadly equivalent to what they might have received on divorce, rather than simply what they need for maintenance.
The court will also consider the deceased’s testamentary wishes, including any letter of wishes or written explanation, but is not bound to follow them. If the evidence shows the Will fails to make reasonable provision in light of all the circumstances, the court can order a lump sum, regular payments, a transfer of property, or a variation of trusts within the estate to put matters right.
In practice, most Inheritance Act claims are resolved through negotiation or mediation, before a judge is asked to make this assessment. Understanding how the court would approach the claim, however, remains the foundation of any sensible defence or settlement strategy, which is why early advice from an experienced contentious probate solicitor is so valuable.
Immediate steps to take when faced with an inheritance claim
The first step in any contested will or inheritance claim is to act quickly and seek professional advice from a specialist probate dispute lawyer. Early mistakes are difficult and expensive to undo.
Crafting a strong defence to an inheritance or estate dispute starts with assembling the correct paperwork. Here are the immediate steps to take when defending a will or estate:
- Seek immediate legal advice
Early advice helps shape the defence strategy, assess risk, and prevent unnecessary escalation.
- Gather together relevant documents
To make a successful defence, you should gather the following evidence, including:
- Original Will(s) & any codicils: The current and any previous versions of the will headline the evidence pack, providing the primary indication of the deceased’s wishes.
- The solicitor’s will file: The drafting solicitor’s file, including attendance notes, instructions, and correspondence, sheds light on the testator’s capacity, intentions, and circumstances at the time the Will was made.
- Medical records: GP notes, hospital records, and any capacity assessments or dementia screenings help establish the testator’s mental state around the date of execution,
- Estate Valuations: Up-to-date valuations of all assets, including property, savings, investments, and possessions, spell out the financial landscape at the date of death.
- Financial Statements: Recent bank statements and account summaries for the deceased and claimants clarify liquidity, liabilities, and ongoing financial circumstances.
- Prepare a clear chronology
A detailed timeline often exposes weaknesses in a claim, particularly where capacity or influence is alleged.
What evidence do you need to defend an Inheritance Act Claim?
As soon as a claim is brought under the Inheritance (Provision for Family and Dependants) Act 1975, documentary evidence forms the backbone of any defence. Which papers will stand up in court? Take a closer look at the documents solicitors and judges scrutinise most:
- The final will and any earlier versions: The latest executed will, along with any prior wills, highlights testamentary intentions and potential changes in provision over time.
- Estate valuations: Itemised estate valuations, including property appraisals, investment portfolios, and personal possessions. Documentation must accurately reflect market values as of the date of death.
- Bank statements and financial accounts: Copies of statements from all bank, building society, and investment accounts held by the deceased for at least the year preceding death show asset movements and liquidity.
- Inheritance tax forms: Official submissions to HMRC provide a consolidated summary of estate assets and liabilities.
- Funeral and administration expenses: Receipts and invoices for expenses paid from estate funds serve to clarify liabilities and deductions.
Specialist inheritance dispute solicitors often request supporting evidence such as medical reports, previous maintenance agreements, and proof of any lifetime gifts made by the deceased. Producing a detailed, well-organised set of documents can significantly strengthen the estate’s defence.
Evidence of financial provision for beneficiaries and dependants
Scrutiny often focuses on whether the deceased made reasonable financial provision for each party. How can a court assess such a provision without context? Here are key types of documentation that clarify actual or planned provision:
- Details of lifetime gifts: Written records or bank transfers confirming significant gifts made in the seven years before death will need examination, given their relevance to the estate’s total value.
- Correspondence and notes on testamentary intentions: Letters, emails, or handwritten notes in which the deceased discusses reasons for the will’s provisions or omissions are routinely considered.
- Dependency evidence: Receipts, standing orders, and statements that show how beneficiaries or claimants relied on the deceased for maintenance or accommodation prior to death.
- Family structure records: Birth, marriage, and civil partnership certificates substantiate relationships and eligibility to claim.
- Applicant’s financial circumstances: While this evidence is supplied by the claimant, a robust defence will include analysis of the applicant’s income, outgoings, assets, and liabilities. Challenging unsupported assertions of financial hardship often proves decisive.
What documents could demonstrate your loved one’s intentions without ambiguity? Analyse emails, handwritten letters, and financial records to anticipate which pieces may be pivotal in the event of a contested claim.
Defending an Inheritance Act Claim from a Spouse
A spouse has a special standing under the Inheritance (Provision for Family and Dependants) Act 1975. Unlike other applicants, a spouse or civil partner is not required to demonstrate financial need to the same extent.
Instead, the court will usually consider what the applicant would have reasonably received if the marriage had ended in divorce, rather than by death.
Key Factors the Court Considers
The duration of the marriage, the standard of living, and the contributions of each party, including both financial and non-financial contributions, are all important factors.
The court will also examine the size and nature of the estate, as well as any obligations or responsibilities owed by the deceased to their spouse.
Importantly, any existing will or reasons given for the distribution of the estate may be reviewed, but the court is not bound to follow them. If the deceased has provided for the spouse in their will, the adequacy of that provision will be closely scrutinised.
Defending a Claim
Defending a spouse’s claim requires careful consideration and a detailed review of the relationship and financial circumstances. Relevant evidence can include full disclosure of the estate’s assets, the marital relationship, prior financial arrangements, and the deceased’s intentions as expressed in their will or other documentation.
Expert legal advice can help you gather the right information, understand your position, and present a robust defence.
If you are involved in defending an Inheritance Act claim brought by a spouse, it is essential to seek legal guidance at an early stage. An experienced contentious probate solicitor can assess your situation, help you understand the likely outcomes, and guide you through the legal process with sensitivity and expertise.
Legal costs in defending an Inheritance Act Claim
Defending a claim under the Inheritance (Provision for Family and Dependants) Act 1975 can involve significant legal costs. It is important to have a clear understanding of the potential financial implications before proceeding.
Generally, each party is responsible for their own legal costs throughout the case. However, the court has the discretion to order one party to pay the other’s costs, especially if it finds that a claim or defence was unreasonable, or if settlement offers were ignored.
This means it is possible for a losing party to be ordered to cover some or all of the winning party’s costs.
Many firms, including Awdry Law, offer flexible funding arrangements such as fixed fees, hourly rates, or “no win, no fee” agreements for suitable cases. It’s also worth exploring whether the estate can cover legal fees, although this is not always permitted.
Key cost considerations include:
- Whether the claimant can afford to pay costs if they lose
- Whether no win no fee arrangements are available
- Whether legal expenses insurance applies
Only about 3–5% of contested wills result in a successful outcome at trial, but even weak claims can be expensive to defend.
Receiving notice of a will contest raises immediate questions about cost exposure, and will disputes solicitors can advise on funding options and the likely financial risks involved.
