HOW TO CONTEST A WILL : CONTESTED PROBATE

Contesting a will is becoming increasing popular. Recently published statistics by the Probate Registry show that the number of challenged wills is at records levels. 'How to Contest a Will' shows you, with the help of an expert probate solicitor, how to challenge a will, contest a grant of probate or object to the appointment of an executor.

Contest a Will

There are various ways in which a will can be successfully challenged and much depends upon the circumstances of the case and your relationship with the deceased. The starting point is always to get hold of the will itself. Often this isn’t easy as executors will often refuse to disclose a copy of the will until a grant of probate has been issued by the Probate Registry. If an executor refuses to disclose a copy of the will voluntarily it will be often be the case that you will need to instruct a Solicitor experienced in contested probate matters to write to the executors warning them that if legal action is taken then they might well be liable for legal costs if the will is not forthcoming. Alternatively the threat of lodging a caveat (this prevents a grant of probate being issued) is often enough for a reluctant executor to release a copy of the will.

Is the Will Valid?

Once you have received a copy of the will, it is sensible to have a probate solicitor carefully look at the will in order to ensure that it complies with the Wills Act. This lays down mandatory requirements that all wills must follow to be valid. For example, the will must be signed, dated and witnessed by two witnesses who are not beneficiaries. If a beneficiary also witnesses the will then the gift(s) to that beneficiary will fail.

Grounds to Challenge a Will

Arguably the two most common grounds to contest a will relate to the testators capacity to make a will, coupled with possible evidence of undue influence. Unfortunately, an increasing feature in contested probate cases concerns the case of an elderly person who changes his or her will shortly before their death. In doing so, often the estate is often left to a relatively unknown non family member.

Ways to Dispute a Will

In every case the testator (the person making the will) must always have the requisite mental capacity, in other words they must understand fully the consequences of making a will. If for example, the person is suffering from dementia or memory loss then it might well be the case you can contest the will. In such cases expert medical evidence is often required to show that the testator could not have had the capacity to make his or her will. As well as the need to be `mentally capable ` an increasing feature of contested probate cases is when there is evidence of undue influence by someone when the will was drawn up. Undue influence can take many forms, for example there might be threats, fraud or constant influence exerted on a vulnerable elderly person. A common feature of undue influence is unreasonable pressure being exerted on a elderly person to change their will which will often differ substantially from previous wills.

If undue influence or a lack of capacity is suspected then immediate legal action is required. A person who alleges that a will has been made as a result of undue influence must prove their case and therefore immediate legal advice is required. By calling our free helpline on 1234 567 8910 we will be able to advise you on the strengths of your case and what to do next.

Disinherited?

Unfortunately, mere disappointment is not itself a ground to challenge a will, however an increasing number of cases we handle concern wills that fail to leave adequate financial provision for a close family member. In such cases, the Inheritance (Provision for Family and Dependants ) Act 1975 does enable a limited class of people (principally close family members or someone who has lived with the deceased for two years) to be bring a claim against the estate on the grounds that the will has failed to leave adequate financial provision. In such cases it will often be necessary to produce evidence showing how the Deceased may well have been financially maintaining someone before his or her death. Very strict time limits apply to such cases and therefore you must contact a probate solicitor, as cases must be brought within six months of the grant of probate or letters of administration (if no will exists).

How We Can Help

If you are unhappy with a will then it is very important that you immediately seek legal advice. We are currently acting in many contested probate cases and will be able to advise you immediately as to whether you have a case and if so how your interests maybe protected. One such way is to lodge a caveat against the estate. A caveat prevents a grant of probate or a letters of administration being issued, and is a very useful in protecting your interests. Unless renewed a caveat will last for 6 months, thereafter it can be renewed by an application to the probate registry. As caveats are not always appropriate in every case it is important that you call our legal helpline so that we can advise you further.

Problem Wills

We regularly assist many executors and beneficiaries in problem will cases when for example the original will maybe lost, issues arise due to the will itself in regard to the signatures of the witnesses, the death of executors, foreign wills, missing beneficiaries or heirs. If you have a problem will we can help. We regularly liase with probate registries throughout the UK and will work with the probate registry closely to ensure that wherever possible a grant is obtained. Often in these types of cases affidavits (legal statements) will be required in order to ensure that the circumstances relating to the problem will are fully explained.

Professional Legal Advice

We operate a substantial department dedicated to challenging contested wills and disputed probate litigation, currently handling large and complex claims with individual estates valued up to £30 million. Our solicitors deal with all disputed matters relating to wills and probate and handle a substantial litigation caseload involving challenges to the validity of wills, arguments about the mental capacity of the testator at the time of making the will including undue influence, whether or not there was proper execution by the testator and the witnesses, adequate provision for dependents, questions about lost, revoked or destroyed wills and the improper, fraudulent or negligent conduct of executors and administrators. If you would like free initial advice about how to contest a will or object to a grant of probate or letters of administration, without further obligation, just use the telephone helpline or complete the contact form or our email our offices and an experienced litigation lawyer will call you on the telephone to discuss your potential case. If after considering the matter you wish to proceed no further, you are under no obligation to do so and you will not be charged for our initial advice.