Any time a will is read, there is already reason for the people hearing it to be upset. A will, after all, becomes active upon the death of its testator (the person who has made or dictated the will) and this is generally seen as a sorrowful time anyway. What can be more upsetting than this, though, is when someone feels they have been unjustifiably snubbed in the will, through being left out entirely or being given only token consideration in the terms of the will. In this case, they may see fit to challenge, or contest, the will.

Before You Contest…

Contesting a will is something that should not be undertaken without a good deal of consideration and deliberation. It may well be a controversial step, and those who are more or less satisfied with the terms of the will may consider that the contestant is unnecessarily keeping open what is already a glaring wound. Nonetheless, it is necessary to have provision in law for such a step, because with the testator now unable to change their mind, all factors need to be taken into account.

Our Advice

If you desire to contest a will, you should first ensure that you are well advised legally – or you could go to considerable expense for no reason, and leave deep marks emotionally on the other people affected as well as yourself. It could be that you are not the only one who considers that the decisions made in the will are unfair, and if this is the case then it is possible to contest via a deed of family arrangement, where interested parties make an agreement to the revision of a will. Failing that, it is necessary to make an application either to have the will declared as invalid (on grounds which you yourself will have to advance; in many cases it is argued that the testator was not of sound mind) or apply for an order of inadequate provision.