Contesting A Will Solicitors
What to do when someone contests a Will
What are the grounds for contesting a Will?
Losing a loved one is one of the most difficult things any of us have to go through. The grieving process can be made all the more difficult when there is a dispute over a Will or someone is contesting a Will.
The common grounds for contesting the validity of a Will are:
- Lack of Mental Capacity
- Lack of Knowledge and Approval of the Terms of the Will
- Undue Influence
- Will Not Properly Executed
- Fraud and Forged Wills
Disputes often arise over decisions the deceased made before their death, as well as in relation to trusts and jointly owned properties.
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Why Choose Mullis & Peake
There are record numbers of inheritance disputes are going through the courts, as modern family structures and rising house prices push more families to contest unfavourable outcomes. Â The law in this area is complex so it is important to use a specialist contested Wills solicitor. There are also strict time limits for making a claim and your solicitor will be able to ensure these are complied with.
We act for both claimants and the estates claimed against and will guide and support you through this complicated area of law.
Contested Wills Enquiry
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Frequently asked questions
If you think you have been left out of a Will, or haven't been left as much as you need, or you think the Will is wrong in some way, the law allows you to contest it.
It can be a complicated process and it is a good idea to get legal advice from a specialist who will guide you through your options and help you make the right decisions.
It is important to act now as there are time limits in place.
The cost to contest a Will as it depends on:
- the type of dispute
- the evidence available
- the number of parties who are involved in the dispute
- whether the parties are willing to negotiate – sadly parties often adopt entrenched positions in such matters
During a Will dispute, each person or party is responsible for paying their own costs.
There are a number of possible time limits in probate and inheritance claims, which will depend upon the individual circumstances of each case.
- Inheritance Act claim:Â 6 months from the date of grant
- Rectification claims:Â 6 months from the date of grant
- Beneficiary making a claim against the Will:Â 12 years from date of death
- Fraud/claiming against an executor for appropriating estate assets: No time limit applies
Contesting a will after the Grant of Probate is possible however it is a complex process.
The best possible scenario is that you raise your claim before probate has been granted and avoid any of the assets being distributed. However, if you have missed the opportunity to contest a will before probate Mullis & Peake can help with legal advice and representation.
Each case will be considered on its own individual facts. However, people that may contest a Will include:
- A beneficiary under the Will
- Individuals or organisations promised an inheritance.
- Individuals or organisations who have been disinherited.
- Other third parties affected by the present Will or a previous Will.
- Individuals who are or were related to the Deceased or who were dependent upon the Deceased.
Not everyone can contest a Will, only people who would be personally and financially affected by the Will. So, a grandchild can contest a Will.
Stepchildren can contest a Will if they are named beneficiaries of a prior Will.
Mullis & Peake have specialists in contested Wills ready to help you. Contact us online today or call us on 01708 784000.
Alternatively, request a call back to have one of our experts contact you at a time that suits.
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Martyn ​is our Chairman and the firms' Compliance Officer for Legal Practice
Trudi is an Associate at Mullis & Peake, with extensive experience in the Wills and Probate field.
