Inheritance can be a sensitive and emotionally charged issue, particularly when the contents of a will leave some beneficiaries feeling overlooked or undervalued. Whether it’s a surprise exclusion, or an unexpectedly small share, the disappointment can be heavy, and it can often lead to questions about fairness and legal recourse.
Disappointment can arise from all sorts of situations like a last minute change to a will or even suspicions that someone held undue influence over the deceased. Understanding your rights as a beneficiary is crucial. In this article, we’ll explore what it means to be a disappointed beneficiary, why a beneficiary may contest a Will, and the grounds for contesting a Will.
What does it mean to be a disappointed beneficiary?
A disappointed beneficiary is someone who believes they should have received a greater share or any share at all from a deceased person’s estate, but did not. This can lead to the beneficiary feeling shocked, hurt, betrayed and confused, which is common especially if the will appears to favour someone else or contradicts what they expected. In some cases, the disappointment is layered with grief which makes the situation even more difficult to process.
There are a range of scenarios that can leave a beneficiary feeling shocked or fairly untreated. For instance verbal promises such as a parent assuring a child that they’ll inherit their family home, but it is not being honoured in the final will. Last minute changes made shortly before death, especially in questionable circumstances can also come as a distressing surprise. Unequal distribution among children of family members is another common source of upset.
A disappointed beneficiary may have a claim in professional negligence against the will writer in failing to advise the testator correctly or as to errors in drafting a Will.
Either way, dependents who were financially supported by the deceased may find themselves in an uncertain situation if the Will doesn’t reflect what they were expecting.
Can a beneficiary contest a Will?
A beneficiary may wish to contest a Will when they feel it doesn’t accurately reflect the deceased’s true intentions or fails to provide them with what they considered a fair share. A beneficiary can be motivated by both emotional and financial factors. The emotional burden of feeling overlooked can be distressing, while the potential financial impact adds a practical urgency.
The combination of emotional distress and practical concern can drive a beneficiary to pursue legal action to fix the situation. Contesting a Will can also be a way for someone to protect their rightful interests, dependents or vulnerable family members. Understanding these motivations is essential when navigating the process of contesting a will. It highlights the importance of careful consideration as these disputes can be highly charged and complex.
Grounds for contesting a Will
Contesting a Will requires a valid ground recognised by the law. Not every disappointment or disagreement with the contents of a will qualifies as a basis for contesting it. The law sets out specific criteria that can render a Will invalid or open to challenge. Understanding these grounds is essential for anyone who is considering contesting a Will, particularly a disappointed beneficiary who feels as if they’ve been left out.
Lack of testamentary capacity
To make a Will valid, a testator is required to have sufficient mental capacity. This is known as testamentary capacity. If the individual making a Will is affected by certain conditions such as Alzheimer’s, dementia, mental illness, or a brain injury, they will lack testamentary capacity. If it can be shown that the testator was suffering from any of these conditions, the Will may be challenged on these grounds.
Lack of valid execution
When a Will is being written, there are a range of formalities which must be followed. If these aren’t followed correctly, the will may not be considered legally valid. The formalities of writing a Will includes:
- It must be in writing.
- It’s signed by the testator, or someone on their behalf that they’ve requested.
- The testator signed the will with the intent of giving effect to the will.
- There are two independent witnesses present when the will is being signed.
If any of these formalities aren’t followed during the creation of a Will, a claim can be put forward to challenge its terms on the grounds of lack of valid execution. This is often the case for a beneficiary seeking to overturn a Will that appears improperly executred.
Lack of knowledge and approval
Testators must be aware of all the contents within a Will. If they don’t they will be deemed to have been lacking knowledge and approval. To prove lack of knowledge and approval, the circumstances surrounding the signing should be investigated thoroughly.
Undue influence and fraudulent calumny
Undue influence describes an instance of someone being pressured, coerced, emotionally manipulated or physically harmed into making a Will, or including anything specific within an existing Will. Any examples of undue influence will render a Will invalid, meaning that a challenge can be made by the beneficiary.
To successfully make a claim on these grounds, it must be proven that certain parts of the estate included in the Will were given as a direct result of them taking advantage of the testator.
Fraud or forgery
If it can be proved that a Will has been forged or fraud has taken place, it will be deemed as invalid. Forgery involves a Will being made in someone else’s name, with a fake signature. Fraud may occur where false information is used to dictate the way a Will is executed, witness signatures are added at a later date, or a copy of the Will is destroyed or hidden.
Rectification
If any clerical errors occur during the execution of the Will, there is a failure on the part of the person preparing the Will. In such a case, a claim for rectification could be made . Will rectification is the process of having the Will corrected by the court.
Considerations and risks to contesting a Will
Contesting a Will is a serious and complex legal process, and it’s important to approach the decision with caution as well as a clear understanding of the potential risks involved. While emotions often run high during these situations, especially when someone feels as if they’ve been treated unfairly, it’s important to recognise that legal challenges come with big financial, emotional and personal costs. A beneficiary must carefully weigh these before proceeding.
One of the primary considerations is the financial aspect. The process of contesting a Will can be expensive, especially if the matter becomes prolonged and results in court proceedings. In some cases, if a challenge is unsuccessful, the person contesting the Will may be ordered to pay the legal costs of other parties involved. This could leave them in a worse financial position than if they had accepted the original terms of the Will.
There is also the emotional toll and the potential for a long lasting damage to family relationships. Contesting a Will can create new tensions within a family, and lead to permanent rifts between relatives. Starting off as a legal dispute can turn into a deep conflict that could affect the wider family circle.
Other things to take in consideration include long delays in the administration of the estate, the complex legal requirements in proving a valid ground when contesting, and the potential for claims from other beneficiaries. Sometimes, those contesting a Will may even risk losing their inheritance completely. Due to these reasons, it’s important for any beneficiary considering contesting a Will to seek expert legal guidance.
How Goughs can help
Contesting a Will can be a daunting experience, especially for a disappointed beneficiary who feels they believe they’ve been overlooked. The legal process is often complex with strict criteria and time limits that need to be followed. Whether you’re uncertain about your rights or want clarity on your position, it’s important to seek legal guidance early on.
At Goughs solicitors, our team of solicitors are experienced in handling disputes, with a deep understanding of the legal complexities and emotional sensitivity involved. If you believe a Will doesn’t reflect your loved one’s true intentions, or you’ve been left out, we’re here to help and guide you. Get in contact with us today to speak to a solicitor or advisor. Or you can speak directly with our ADR expert David Patterson.
