Contested Probate

CONTESTING A WILL

Contesting a Will grounds, the time limit under the Inheritance Act is 6 months from the date of probate.

 

How much does it cost to challenge a Will? McKeag & Co Solicitors work on no win no fee basis.

 

If you have ‘sufficient grounds’ to invalidate properly executed Will and may wish to contest a Will.

Would like to know the grounds and process of Contesting a Will

McKeag & Co Solicitors are here to help you through the contesting a Will process of getting support.

In order to bring a lawsuit, the Court requires that you must have ‘sufficient reasons’ to invalidate a Will, which was signed by the testator.

 

The most common reasons are Validity of a Will, Fraudulent & forged Will. When someone feels disagreement about the Testator’s Estate they can challenge a Will.

In absence of any Will, The Estate of Testator will undergo Administration (Rules of Intestacy) instead of Probate.

 

You cannot simply contest a Will, because you think you didn’t receive an asset that you had been told, you would get or deserve more from inheritance.

What are the ground for Contesting a Will?

1. Basis of Lack of Knowledge and approval

  If a will is executed and signed correctly by the testastor who does not have knowledge of, and approval of the content of the WIll. In such a case, the Court may consider the Will is on the suspicious ground. Inheritance dispute claim can be accpeted in the Court.​

2. Valid Execution of a Will

The most common ground of dispute arises when an Executor has acted unreasonably or negligently, or when the deceased has made clear promises of an inheritance, only then disinherit or cut someone out of their will. All wills must  comply with the Wills Act, which provides that the will must be in signed, dated and witnessed by two independent witnesses, (neither of whom can be a beneficiary) at the same time as the person making the will. If any of these rules have not complied with the will is invalid and fails.

3. Lack of Capacity Claims

To make a Will the Court has to go establish the person making the will had the capacity to do so and have understood, that they were actually making a will. Testamentary capacity sets out that a testator has capacity if:


                                  (a) he understands the nature of making a Will and its effects;
                                  (b) he understands the extent of the property of which he is disposing; and
                                  (c) he is able to comprehend and appreciate the claims to which Deceased (he/she) ought to give and must not be affected                                              by any “mental disorder” which would influence a Will.

4. Undue Influence

Any Will made when the testator was not in full mental control and in a position to know exactly what they were doing at the time the Will was made will be held to be invalid on the basis of undue influence from a third party (e.g. threats of violence or blackmail which can be evidenced) and in such cases any earlier Will would thereafter take precedence.

5. Rectification and Construction Claims

Sometimes due to because of the clerical error, a Will may be rectified to carry out the intention or instructions of testator’s Estate. The Will negligently drafted this is often the first port of call before making a claim for professional negligence.

Contesting a Will claim may be brought if the words in a Will are questionable in nature or not clear. In such a case, the court is asked to determine the meaning of the words used in the Will.

6. Fraudulent and Forged Wills

                                 a. When the signature of a testator is forged.
                                 b. Will Fraud: When Someone influence testator to believe certain facts were true and testator to lie so that one beneficiary                                              was favoured.

7. Deceased failed to honour promises under a Will

8. Inadequate financial provision in a Will

If you were supported by the deceased prior to their death, you may wish to make a claim for financial provision. This provision applies not only to the spouse or civil partner and legitimate children, but may also include illegitimate children and non-relatives who may have been maintained either wholly or in part by the deceased prior to death.

Is there a Time Limit for Contesting a Will?

Contesting a Will time limit for a claim under the Inheritance Act differing time limits vary depending upon the type of dispute.

You need to aware Inheritance Claim arbitration for contesting a Will time limits are governed Under the Limitation Act 1980.

 

Time is often of the essence in contested probate disputes, as assets can be disposed of by unscrupulous Executor’s and therefore immediate legal help should be sought.

 

In addition, the time limits for contesting a will are very strict, for example with a claim for maintenance, the Inheritance Act provides that a claim must be brought within six months from the date of the grant of probate. The general guide for the key time limits given below:

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