Contesting a Will (or contentious probate as it is often known) is sadly becoming increasingly common. It is however a specialist area of law and we strongly recommend that if you are thinking of contesting a Will, you contact a solicitor experienced in this area.
Reasons for contesting a Will
• Inheritance disputes – claims that dependants or family did not get ‘reasonable financial provision’ from the deceased’s estate under the Will or the intestacy rules (under the Inheritance Act 1975)
• Professional negligence claims against solicitors or Will writers arising from negligently drafted Wills
• Disagreements between executors
• That the deceased lacked mental capacity when making the Will
• That the testator made the Will under duress or undue influence.
• That the Will was fraudulent
• That the Will was not validly made in the first place
• That the Will had already been revoked and is not effective
• That the Will is not the last Will of the deceased
Time limits for contesting a Will
Any claims for contesting a Will must be made within six months of the grant of representation and ideally within six months of the death of the testator. We strongly advise that if you all thinking of contesting a Will, you contact a specialist Contentious Probate solicitor straightaway.
How much does contesting a Will cost?
Contesting a Will can be expensive. Having a initial meeting with a solicitor is a good way of clarifying if your challenge might be successful or not. If it looks like your challenge could be successful our solicitors should be able to give you an estimate of our legal fees. You can then choose whether to go ahead with contesting the Will and decide whether you wish to instruct our contentious probate solicitors.