Contesting a Will
Do you have any reason to Dispute the Validity of a Will or cause to Defend a Will?
When a loved one dies, it can be a very distressing and painful time, but these emotions can be deepened even more if a dispute arises over the distribution of the deceased’s Estate. There are many different reasons why individuals would look to contest or defend a Will.
The most common reasons for challenging a Will may be:
● A Will was made under undue influence and changed close to someone’s death
● A Will did not reflect the true wishes of the deceased
● Claims for financial support as the Will did not make provisions for the needs of a Dependant of the deceased
● There is a dispute concerning the deceased mental capacity when making the Will
● Did the deceased understand the purpose for making a Will or was it done whilst in a vulnerable condition and suffering from age related conditions causing them confusion and memory loss
● Was the Will signed and witnessed correctly.
Who can challenge a will?
One of the first steps to contesting a Will is to ensure that you or the person in question has that legal right. The Inheritance Act outlines who can and cannot contest a will in more detail, a general overview of those able includes:
● Direct family members, like children or grandchildren
● A spouse, regardless of whether they were estranged or still together
● A beneficiary who was named in a previous will
● A person who relied on the deceased financially
● A creditor who owns the deceased’s debt
● A person who was promised an item by the deceased, but not included in the will.
That being said, if anyone believes the will is not legally valid they have the right to challenge the validity of the will. Only those listed above, however, can challenge how the estate is split up.
What are the grounds for contesting a will?
What happens when a will is contested is that probate is halted. This means that you have time to prove either the will is invalid, or that you have a bigger claim that outlined. Valid reasons to contest the will include:
● The deceased was not in the right mind when they signed the last will or were unaware of what they were signing.
● The will was drawn up incorrectly or was not signed with witnesses present.
● The signature was forged, which can be proven with a handwriting expert.
● The beneficiaries have a right to the estate but either not named or not adequately cared for.
Is there a time limit to contest a will?
The person challenging the Will has up until an Executor has been granted probate and distribution of the Estate has commenced based on the Will.
How long does contesting a will take?
Challenging a will can be a lengthy process. The most efficient and cost effective way to resolve the issue is via mediation. However, If mediation does not work, then the case will have to be issued in the Courts where it can long drawn out procedure taking from a few months to a few years to complete.
Can I contest a will if I am an executor?
Executors named in a Will can also be beneficiaries of that Will. If you are contesting then you will need to do it within 6 months of probate being granted and ideally before you take on any of the duties expected of you. Instead, you will want to renounce your role as executor as this can be seen as a conflict of interest.
There are many more reasons for contesting or challenging the validity of a Will and it is always best to seek expert advice on whether you have a claim.
Aschfords Law are highly experienced in advising on all contentious and probate matters. Our Private Client team provide all clients with discrete and personal advice which is tailored to their own individual circumstances and requirements.
Contact Aschfords Law today on 020 3002 9147 for more information.