Define: Will Contest

A “will contest” refers to a legal proceeding initiated to challenge the validity or legality of a last will and testament. In the UK, individuals who have a legal interest in the estate of a deceased person may contest the validity of the will if they believe there are grounds to do so. Common reasons for contesting a will include allegations of undue influence, lack of testamentary capacity, fraud, forgery, or improper execution of the will. The process typically involves filing a formal petition with the court, presenting evidence and arguments to support the contesting party’s claims, and participating in court hearings or trials to resolve the dispute. If the court determines that the will is invalid or that certain provisions are unenforceable, it may declare the will wholly or partially void and may order alternative arrangements for the distribution of the deceased person’s estate according to applicable laws of intestacy or prior valid wills. Will contests can be complex and emotionally challenging legal proceedings, often requiring the assistance of experienced legal professionals to navigate the process and protect the interests of all parties involved.

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This glossary post was last updated: 29th March, 2024.