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The Importance of Time When Challenging the Validity of a Will
16 October, 2024 4 minutes reading time
Inheritance disputes are, unfortunately, all too common. If you believe a Will is invalid, you can challenge it in court. However, acting quickly is crucial. While no strict deadline exists for contesting a Will, delaying your challenge could seriously harm your chances of success.
Grounds for Contesting a Will
Unlike many other countries, the law in England and Wales doesn’t dictate who must inherit (forced heirship) after you die. Therefore, you can make a Will leaving your property and other assets (your estate) to any person, charity, or other organisation you wish to if you meet specific requirements under the Inheritance (Provisions for Family and Dependants) Act 1975 (often called the Inheritance Act.
Valid Will
To make a valid Will, you must be 18 or older. The Will must be in writing, and you must sign it in the presence of two witnesses, who must also sign in your presence.
Several factors can invalidate a Will. These include:
- Lack of testamentary capacity
- Undue influence or coercion
- Lack of knowledge or approval
- A poorly prepared or incorrectly executed document
- Fraud or Forgery
Inheritance Act
Even if a Will is valid, specific individuals may still have the right to challenge it under the Inheritance (Provisions for Family and Dependants) Act 1975 (often called the Inheritance Act). This act limits your freedom to some degree by giving certain people the right to challenge your Will. These people include your spouse, civil partner, former spouse, children, stepchildren, and anyone you financially supported. A claim under the Inheritance Act 1975 must be submitted to the court within six months from the date of a grant of representation or letters of administration (if there isn’t a Will).
Legal Time Limits & Doctrine of Laches
There is no specific time limit for challenging the validity of a Will, but it’s important not to wait too long. The legal principle of “laches” applies, meaning that if you unreasonably delay acting and this puts the other party at a disadvantage, the court may refuse to hear your case. This means it’s up to the defendant to prove that the delay has caused them a significant disadvantage.
James v Scudamore [2023] EWHC 996 (Ch): A Cautionary Tale
Background
This case involved a dispute over the validity of a codicil (an amendment to a Will) made by the deceased, Ivor Percy James, in 2002. The codicil benefitted his second wife, Christine. The claimant was Martyn James, one of the deceased’s sons from his first marriage.
Martyn challenged a change to his father’s Will that benefited his stepmother. He claimed it wasn’t correctly signed and witnessed, raising questions about his father’s testamentary capacity and whether undue influence was exerted.
Key Issue
However, by the time the claim was filed, both Christine and one of the attesting witnesses to the codicil had died. The court was faced with deciding whether the claimant’s delay in bringing the claim (he first sought legal advice in 2013 but didn’t file a claim until 2020) barred him from pursuing the case.
Outcome
The court held that the claim was barred by the “probate doctrine of laches,” a legal principle that prevents a claim from proceeding if there has been an unreasonable delay in bringing it and that delay has prejudiced the defendant.
Significance
This case is significant because it highlights the importance of acting promptly in probate disputes. It serves as a warning that delays can have serious consequences, potentially leading to claims being dismissed even if they have merit. The case also underscores the importance of seeking legal advice as soon as possible when there are concerns about the validity of a Will or codicil.
The Importance of Acting Quickly
This may sound unfair; however, consider the consequences of delay. Crucial evidence can disappear. Memories fade, documents get lost, and witnesses can become impossible to find. Moreover, distributing the estate makes it much harder to recover those assets if you successfully challenge the Will later.
It’s also essential to think about the impact on the beneficiaries. They may have already made significant life changes based on their inheritance, so waiting to challenge the Will can create real hardship for them. Finally, remember that taking prompt action shows your commitment to your claim and strengthens your position from the outset.
Our Advice
By law, there is no strict time limit for bringing a claim to challenge the validity of a Will. However, acting as quickly as possible is essential, as bringing a claim can become more challenging if the estate has been distributed.
If you have concerns about a Will’s validity, gather any relevant documentation, such as previous wills or medical records, and keep detailed notes of your concerns. Please don’t hesitate to contact us for further information or advice. Our specialist team is here to help.
Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.