A recent case in which the Court of Appeal confirmed that a farmer was entitled to buy out his...
Contesting a Will can be a tough and emotional process. If you are feeling upset or confused about being left out of a Will or the Will making insufficient provisions for you, we are here to help you understand your options and guide you through the steps.
Reasons for Contesting a Will
There are a number of common reasons why people might decide to challenge a Will:
- Mental Capacity: The person who made the Will must have been of sound mind. If there is doubt about their mental state of the deceased, the Will can be questioned.
- Pressure or Coercion: If the person was forced or pressured into making the Will, the Will may be rendered invalid.
- Execution of a Will: The Will needs to be signed and witnessed correctly. Mistakes in this process can make the Will invalid.
- Fraud or Forgery: If the Will was tampered with or forged, it can be contested.
- Understanding and Approval: The person must have understood and agreed to the contents of the Will. If there is any doubt, the Will can be challenged.
Who Can Contest a Will?
To challenge a Will, you need to have a stake in the estate. This usually includes:
- Spouses or civil partners
- Children, including adopted and stepchildren
- People who lived with the deceased for at least two years before their death
- Anyone mentioned in the Will or previous Wills
Steps to Contest a Will
- Get Legal Advice: It's important to talk to a solicitor who knows about Will disputes. They can help you understand if you have a valid claim.
- Submit a Caveat: You can lodge a caveat at the Probate Registry to stop the grant of probate while the dispute is sorted out.
- Mediation and Negotiation: Many disputes are settled through mediation or negotiation, which can avoid the matter proceeding to a trial.
- Court Proceedings: If mediation doesn't work, the case might progress to a trial. This can be a long and costly process, so it's important to consider the risks and benefits.
Time Limits and Costs
- Time Limits: Claims under the Inheritance Act must be made within six months of the grant of probate. Other claims might have different time limits, so it's important to act quickly.
- Costs: Contesting a Will can be expensive. If your claim is successful, a proportion of your costs might be covered by the estate or the losing party. If not, you could be responsible for both your own and the other party's costs.
Conclusion
Contesting a Will is a big decision that needs careful thought and expert advice. At Pickerings Solicitors, we are here to provide compassionate and professional support to help you through this challenging time. If you think you have grounds to contest a Will, contact us today to discuss your options.
