To contest a will, you will firstly need to identify legal grounds to contest a will.
Some examples of grounds to contest a will include:
1. Lack of testamentary capacity – whether the testator (person making the will) must have been of sound mind and understand the consequences of their actions when creating and signing the will.
2. Lack of due execution – The testator must sign their will in the presence of at least two formal witnesses.
3. Undue coercion – A claim may be raised if there is significant evidence to suggest that the testator has been manipulated into submitting unfair or invalid terms within their will.
4. Fraud – you will have a claim if the will has been forged in any way. For example, if somebody has included additional benefits for themselves in the will and forged the signature.
Using a probate solicitor who has experience in how to contest a will can heighten your chance of success. For example, a solicitor may involve a medical expert or handwriting specialist to strengthen your case.