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contesting a will

Contesting a will: a complete guide to contesting a will

The term “contentious probate,” according to attorneys, refers to inheritance and challenging the validity of wills. On this page, we’ll concentrate on contending a will, which is disputing the legality of a will on the basis that it is illegitimate. Everyone will represent his or her true desires, and the law recognizes this. If you believe someone will be properly written, that it was forged, or that the person drafting it was pressured or didn’t understand the meaning of contesting a will, you might be able to challenge it on these grounds.

Alternatively, if your will is valid but you believe that you have been excluded, treated unfairly, or inadequately provided for by a family member or someone who depended on you, you may be able to seek financial support under the Inheritance Act 1975.

If you are thinking about disputing a will, we recommend that you contact a professional will dispute solicitor. It might be difficult and stressful for those who are unfamiliar with the process; claims must be filed within a strict time limit and under specific circumstances. If you get the appropriate assistance, however, your chances of success improve significantly.

What are the reasons for disputing a will?

If you believe a will does not properly reflect the decedent’s final wishes, or if you have doubts about how a will was created, you may wish to challenge it. You’ll need the assistance of a legal expert to determine whether parts or all of the will are invalid, and we can assist you.

Grounds for contesting a will

The validity of a will can be disputed in a variety of ways. The testator’s (the person who prepared the will) knowledge and consent of what they were doing, as well as whether it was properly signed by the testator, are all examples of this. We’ll go through them in further detail below:

Has the will been properly executed?

Wills must be in accordance with strict legal requirements. It’s not unusual for the person who prepares the will and their witnesses to make mistakes. Clerical errors, as well as bad drafting that makes testators’ intentions ambiguous or unable to be properly carried out, can cause invalid wills. We may assist you in bringing claims for professional negligence against

Is the will valid and has it been tampered with or forged?

We occasionally deal with situations where there is a belief that the will has been altered or forged in some manner, or that it has been produced fraudulently. For example, the writing or signature on the will might not be identical to that of the person supposed to have written it.

Was the individual being pressured to create the will (subjected to undue influence)?

The courts recognize that sometimes helpless individuals are pressured or forced into making a will in which they do not want to participate. This is referred to as “undue influence.”

Did the individual have the mental competence to draft a will?

To be able to make a will, one must fulfil several different criteria, including understanding the effects of making a will and knowing the contents of the estate they are leaving behind. Namely, they’ll need to comprehend what they’re doing and be of “sound mind.” If the individual is suffering from an ailment that prevents them from reasoning logically,

Did the individual who died know of and consent to the will’s provisions?

If there are any red flags about how the will was generated, this might cast doubt on the validity of the will and whether a court would accept that the deceased could have known and approved its contents. If one of the major beneficiaries had a significant role in drafting or arranging the will, for example.

Who can challenge a will?

In a nutshell, someone contending with a will must have a vested interest in it, which means they must be a spouse, child, cohabitee, or someone mentioned in the will expressly or previously.

What happens when contesting a will?

If you are an heir who has not been contacted by the deceased’s will, and there is no indication that they have died intestate or without a will, then you should seek legal counsel from a solicitor or appropriately trained lawyer right away. Probate may be granted only after you file a claim.

Submitting a formal claim

After your solicitor or attorney has examined the situation and believes you may have a case, the next step is to prepare and submit your claim to the Probate Registry office. Once this has been completed (the procedure is known as a caveat), no probate can be granted. This will halt the distribution of the deceased’s estate, and the claimant must

Resolving the dispute

Disputes should ideally be resolved outside of court. Mediation and other sorts of dispute resolution are sometimes effective in this situation. In the actual world, this isn’t always feasible, and if the parties cannot come to an agreement, their claim will go to court (litigation).

It’s difficult to forecast how long a case will last or how much money it will cost to bring or defend a lawsuit, and this unpredictability is one of the things that parties need to consider before going to court.

What are the deadlines for contesting a will?

If you want to dispute a will or bring a claim against an estate to establish whether a time limit applies to your claim, as different rules may apply to your case, you must obtain legal advice as soon as possible.

There is no strict time limit to contest a will’s validity; however, it is still crucial to act fast since the estate assets might be dispersed.

If you wish to make a claim for financial support under the Inheritance (Provision for Family and Dependants) Act 1975, you must do so within six months of receiving probate.

If you wish to bring a claim for the rectification of your will under section 20 of the Administration of Justice Act 1982, you have another six months from the date on which probate was granted to submit a lawsuit at court.

In certain instances, you may still be able to bring a case outside of the six-month period and we will be able to advise you whether this is likely to be feasible; however, in these situations, you must seek legal advice immediately.

Costs of contesting a will

It’s no secret that litigation can be costly, and many people are concerned about the prospect of arguing a will. Due to the amount of effort necessary, bringing claims may take a long time. This, coupled with the loss of a loved one, may make it a stressful experience.

Contesting a will has its own set of expenses, which vary from case to case; certain situations need more work than others. While you may have a compelling argument, you may be hesitant to challenge the will because of the potential expense and risk of a cost order being made against you if your claim was ultimately disproven.

We are committed to ensuring that you have access to our services, therefore we have developed a variety of adaptable financial choices to match our clients’ requirements and situations, in addition to the legal system.

How Mark Reynolds Solicitors can help

If the will has already been made, and you wish to contest it on the basis that there was a lack of testamentary capacity, you must seek expert advice from a lawyer. Mark Reynolds Solicitor’s expert inheritance &; trust disputes staff can assist you with this; please contact us now.