What is Contesting A Will?
If a loved one has died and had made a Will, but you have concerns about how the Will was made, it may be possible to contest the Will.
If a Will has been validly made, it is a binding legal document. A Will sets out who you wish to act as your executors to administer your estate as well as setting out who will inherit your estate. If the Will is binding, its terms must be adhered to by the executors unless someone makes a successful Inheritance Act Claim.
How we can help
Contesting A Will can be an overwhelming process. However, our expert team of Specialist Solicitors are very experienced in this specific type of proceedings. Find out more by reading some recent case studies.
Who can contest a Will?
Anyone who has been affected by a Will can contest that Will
You must however have sufficient ‘legal standing’ to do so. It is therefore important to speak to Jordans Solicitors expert Wills Probate and Inheritance Dispute solicitors as soon as you are able to, so we can advise you properly.
It is also sensible to act quickly to stop the disputed Will from being admitted to probate. Once a Grant of Probate of a Will has been issued, the executors will begin to administer the estate. A caveat can be registered against the Will at the Probate Registry in order to block the issuing of the Grant of Probate. This must be done before the Grant of Probate is issued.
What are the grounds to contest a Will?
There are many grounds to contest the validity of a Will, including the following common situations
• You may feel the deceased did not have sufficient legal capacity to make their Will at the time the Will was signed.
• You may feel the deceased was unduly influenced into making a new Will in less favourable terms to you than their earlier Will.
• There may be problems with the Will such as it has not been signed correctly by the deceased or the two witnesses. You may be able to contest the Will on these grounds. It is also possible you might have a claim in Professional Negligence against the solicitors who drew up the Will if the Will is deemed invalid and you suffer a loss as result.
How long do you have to contest a Will?
Watch the time limits
It is important to contest a Will as quickly as possible, ideally before the executors of the Will obtain a Grant of Probate for the Will. However, even if a Grant has been obtained, it is still possible to contest the Will. If you think you have grounds to contest a Will you should speak to Jordans Solicitors expert Wills Probate and Inheritance Claims solicitors as soon as possible.
What happens if I contest a Will?
There are various potential outcomes
If a Will is found to be invalid, then its terms will not take effect. If the deceased had made an earlier Will, that Will then becomes the deceased’s last Will and Testament, and their estate will pass in accordance with its terms.
If the deceased had not made a previous Will then the intestacy rules will explain how the deceased’s estate passes. This is according to a strict list of close relatives who are entitled to inherit an estate where no Will has been made.
If you were left something in a Will which is later contested and found to be invalid this may mean you do not inherit anything from the deceased’s estate. If this is the case, it may be possible to make an Inheritance Act Claim against the estate for reasonable financial provision and you might have a claim against the solicitors who prepared the will in a Professional Negligence Claim if it is the solicitors’ fault that the Will is invalid.
Contesting A Will
If you wish to Contest A Will, then call our team on 033 0300 1103. We offer an initial, FREE consultation during which you can explain your situation and we can advise you about how best to proceed. And for an inital, set fee we can carry out preliminary investigations on your behalf to establish whether the process is likely to succeed.