Reasons for Wills being contested in the UK and how to avoid them

Losing a loved one is never easy, and the process of sorting out their estate can be a long and difficult one. Unfortunately, disputes often arise when it comes to distributing the deceased's assets, and many wills end up being contested. Here are some reasons why this happens:

1. Ambiguity in the will: One of the most common reasons for a contested will is ambiguity. If the language used in the will is unclear or open to interpretation, it can lead to disagreements among the beneficiaries. For example, if a will leaves a specific item to a person, but doesn't specify which item, it could be left up to interpretation and lead to a dispute.

2. Undue influence: Another reason for a contested will is the possibility of undue influence. If someone close to the deceased, such as a caregiver or family member, coerced or manipulated the deceased into leaving them a larger portion of the estate than they would have otherwise, it can lead to disputes among the beneficiaries.

3. Capacity: In order for a will to be considered valid, the person creating the will must have had the capacity to do so. If it can be proven that the deceased was not of sound mind when they created their will, it can be contested.

4. Family dynamics: Unfortunately, family dynamics can also play a role in contested wills. If there were existing conflicts or estrangements between family members, it can lead to disputes when it comes to distributing the estate.

5. Lack of formalities: In the UK, there are strict formalities that must be followed when creating a will, such as having it signed by two witnesses who are not beneficiaries. If these formalities are not followed, then the will can be contested.

6. Mistakes or fraud: In some cases, wills are contested due to mistakes or fraud. For example, if the person creating the will didn't sign it in the presence of witnesses, or if the will was forged, it can lead to disputes.

While a contested will can be a difficult and emotional process, it's important to remember that it's not always an indication of wrongdoing or ill intent. In many cases, disputes can arise simply due to misunderstandings or miscommunications.

If you're in the process of creating a will, it's important to work with an experienced individual who can help you avoid any potential issues that could lead to a contested will. And if you find yourself involved in a dispute over a loved one's will, remember to approach the situation with compassion and understanding, and seek the guidance of a qualified legal professional to help you navigate the process.