Tips for Gathering Evidence for a Wills Variation Claim

Estates & Trusts | November 23, 2023 | Written by Natasha Nair

Losing a loved one is never easy, and dealing with the complexities of inheritance can make the grieving process even more challenging. In certain situations, family members or dependants may feel that a deceased person’s will does not adequately provide for them, and they may choose to pursue a wills variation claim. In such cases, gathering compelling evidence is crucial to support your case. As experts in wills, estates, and trusts, the team at Linley Welwood understands the importance of gathering strong evidence for a wills variation claim. That is why we have compiled some tips for gathering evidence for a wills variation claim.

Learn about grounds for contesting a will.

Tips for Gathering Evidence

1. Understand the Legal Grounds

Understanding the legal grounds for making your wills variation claim is essential. Each jurisdiction has different legislation that governs these claims, so it is crucial to familiarize yourself with the specific laws in your area. Often, successful claims are predicated on proving that the will’s provisions are inadequate for certain family members or dependants. Understanding these legal grounds allows you to tailor your evidence-gathering efforts more effectively.

2. Document Your Relationship

Documenting your relationship with the deceased can be a powerful way to support your case. This includes collecting photographs, letters, emails, or other written or electronic communications demonstrating a close bond or dependency on the deceased. Additionally, affidavits from friends, family members, or other key individuals who witnessed the relationship firsthand can provide valuable testimonials. These documents can help paint a vivid picture of your relationship and prove your entitlement to a share in the estate.

3. Assemble Financial Records

Gather all relevant financial records to back up your claim. This includes bank statements, account details, property ownership documents—essentially anything that proves an existing financial connection between you and the deceased. Demonstrating financial dependency or contributions made by you towards their estate can bolster your argument for claiming a more significant portion of their assets.

4. Secure Witness Statements

Witness statements can provide essential testimonies about the deceased’s relationship with their beneficiaries, their mental capacity when making the will, or any undue influence exerted on them. It is essential to identify these individuals early on and approach them sensitively, emphasizing the significance of their testimony in supporting your case.

5. Build a Strong Narrative

Building a solid narrative is essential in presenting your case effectively. Your goal should be to tell a compelling story highlighting why the current distribution of assets is unfair or does not reflect the deceased’s intentions. Use evidence from family dynamics, financial needs, and other relevant factors to clearly explain why a variation is necessary. By crafting a persuasive and coherent narrative, you increase your chances of success in court.

If you want to know more about wills variation claims, do not hesitate to contact the Linley Welwood team. You can reach out to us using our online contact form, and we will gladly answer any inquiries you may have about our services or the specifics of your will.


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