There are different grounds for contesting probate. The list of the factors include:
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.
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.
A person can contest a will in court based on the invalidity, or objections in the content of a Will, associated with the distribution of an estate.
If you have any doubt regarding the contents of a will or the execution of a will. You can directly notify the court regarding strong grounds. As per probate laws, only spouses, children, or people mentioned in the will, or in the previous will can contest the will.
If you do not make a will and die intestate, your assets and estate will be distributed following the state’s laws. That means, if there is someone you wish your property or assets passed onto, they will be left with nothing.
Technically, you can contest a will after the estate is distributed. The only condition requires you to be beneficiary or executioner(s), but the chances of attaining success fall critically low.
Suppose you are not listed among family members either named in the previous will. You do not stand a chance to contest a will. But, if the testator has mentioned your name in the will documents, in that case, you can contest the will.