Contesting a will refers to filing a dispute in the case if you find will to be invalid or if the will has not been executed accordingly. If you suspect that the true intentions might not reflect from the will, or either it is not accurately executed.
In such stances, you will be able to contest a will. In a case, if there is no will, or either the one produced is invalid. The deceased’s estate will be distributed following the rules of intestacy (hierarchy of relatives share from the estate).
If you feel like you have strong grounds to contest a will, you should seek professional legal advice as soon as possible.
It is a complicated process to contest a will in the UK. But do not worry, we’ll guide you with the best assistance regarding the execution of a will including mediation.
If the case is feasible to be taken up to the court, we will stand for you in the court. The first thing you will need is a valid will. A valid will refers to the establishment of a ‘Will’ duly signed and witnessed.
If you have any doubts about the invalidity of will, you can contest on the ground of validity. The executor(s) consider a neutral strategy when a will is contested.
As they shall not stand responsible for legal costs if any concerns mount about handling the estate. This implies delaying the administering estate until the involved parties come to a friendly resolution. Sometimes, in cases where the matter is resolved through the Order of Court.
In simple words, a caveat can be described as the way to prevent grants from being issued. A solicitor will enter a caveat to restrict “Grant of Probate” from execution.
If you have doubts concerning the will of the deceased person or any other serious conflicts. You can use caveat to find enough time to reconsider the facts and figures.
The ‘Will’ holds significant value towards the deceased, and towards legal law in the UK. People can contest probate in the UK under certain circumstances.
The deceased person did not have an adequate mental condition (sound mind, memory, and understanding), during the creation of a will.
The deceased person did not have the required knowledge and approval. A person must understand the content of the will completely and acknowledge the approval for the will to be valid.
In a case, where the will is designed under the influence of someone else. If the distribution of assets is overpowered by the interference of someone, such a situation is regarded as ‘Undue Influence’.
For if, there is a chance of forgery or fraudulent activities associated with the will of a deceased person. Generally, if the signature of the deceased is forged, or the will contains fraudulent content.
If a will does not comply with Section 9 of the Wills Act (1837). The will must be in writing and duly signed. Also, there must be witnesses of the person signing the will.
Contesting a will can be a rather extensive process, based on the nature of the cases. So, it is difficult to conclude an average cost of contesting a Will.
The court usually decides who bears the cost of litigation services. Mostly, the losing side has to pay for all the incurred costs.
(Winning party litigation costs and their own). The court may order the alternate procedure of payments for situations like:
Due to potential costs, it is essential to evaluate the merits of the claim—also, the chances of coming out successful, before any legal action.
Following probate law, spouses, children of mentioned people in the will can only contest a will. If anyone of the associated people mentions court with the problem regarding a will, this will initiate the contest.
The chances of overturning the will, just because you feel dropped out, or the person told you something else regarding will are not so progressive.
The time limit to file a claim regarding contesting a will differ, mainly due to the category of claim for instance:
It is highly essential to contest a will as soon as possible, in case of valid grounds, mainly because it is convenient to notify the executor(s) of the will regarding a claim.
If a Will has a disability, a caveat may be entered to prevent the Grant of Probate. However, it is possible to contest a will after probate, but this can lead to practical difficulties. For if assets have already been distributed.
The first advisable step to take whether the probate is being contested or not— is to hire an experienced and licensed contest probate solicitor.
One of the many significant reasons for this is when you are the executor of the estate— you are bound by many legal requirements that can have sensitive and far-reaching repercussions if you fail to comply.
Your solicitor helps keep you alongside essential deadlines and ensures that all documents submitted to the court are correctly put together.
Our team of friendly experts at DV is here to support you with the best services regarding contested wills and probate lawyers. We are privileged to uphold various cases that helped many private clients and prevented them from getting into trouble at the same time.
Our doors are always open for you, come at any time and have a cup of tea with us!