All Wills can be contested, even if the will was correctly written and executed (signed and witnessed). This may comes as a surprise to you, but it’s a guiding principal under UK law that people can check to see if the will was written correctly and a judge will decide, even if he refuses the action of the person who wishes to contest the will. Often, an application to contest the will comes under the Inheritance Act 1975 – Provision for Family and Dependents. Despite a person being able to give away their estate freely in a Will, there are a few rules which you have to abide by, to ensure you don’t lose a contested will case in court; after you’ve died, of course. People that can apply under the act mentioned, have six months after the grant of probate, in which to state their case and reasons why they believe they should have been left some or more of the estate than they have actually received. A former spouse usually has a right to apply as well as dependents. Usually, dependents are children or step children or co-habiting people, but they may also be gardeners, live in house staff or anyone else who can correctly claim and prove they were maintained financially by the deceased. Courts will consider age, the relationship and contributions made by the dependents to the welfare of the family which includes looking after the home or the family. People, who will have required maintenance. Even a will that falls into partial intestacy can be contested, for the very same reasons. A will can also be contested by a legal method called a Deed of Variation . This is where the beneficiaries may all agree, within two years of the date of the death, to carry out, what is usually a tax planning exercise. It can also be that the beneficiaries agree that one or more people were not properly provided for, in the will. Seek professional advice to ensure people won’t have grounds to contest your will. They can still contest it, but if your will is correctly written, the higher the chance that you will stays as you wrote it.

Excerpt from:
Can I contest a will?

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