Contest Probate – How do you contest probate?
Contest probate (also known as contesting a will) is simply a challenge to the validity of a Will. You can contest a Will after the grant of probate if you have sufficient grounds to challenge a will. Contest a Will after probate is granted is a very complex area. There are strict time limits for contest probate cases and it depends on the type of claim you have.
How To Contest Probate in the UK?
Probate is the process by which somebody acquires authority to deal with the assets of a deceased person. To do so, Grant of Representation, a document is issued by Probate Registry, which gives the responsibility to executor one or more individuals the legal authority to distribute the assets of the deceased. In order to contest a probate claim and feels disagreement with a Will, there are lots of different ways to contest a Will. Will was signed and witnessed or whether the deceased had the capacity to make a will.
Recently, in the UK, the number of claims when it comes to contested probate has increased dramatically. Our Experienced team specialising in contested probate claims, we are frequently asked how much does it cost to contest a will? Contest probate by accessing contested probate solicitors who handle disputes on a No Win No Fee basis. Speak to us in confidence today by calling our 24 hour Claim Helpline for no obligation and no hidden costs.
Why Might You Want to Contest Probate?
There are a number of situations that can lead a person to contest probate. These include:
The Execution of the Will
A Will must be properly signed in the presence of two witnesses who must be present together with the testator at the time of execution and must not be beneficiaries of the Will.
Financial Provision for Dependents
If you were supported by the deceased prior to their death, you may wish to make a claim for financial provision. This provision applies not only to the spouse or civil partner and legitimate children, but may also include illegitimate children and non-relatives who may have been maintained either wholly or in part by the deceased prior to death.
Undue Influence by a Third Party
Any Will made when the testator was not in full mental control and in a position to know exactly what they were doing at the time the Will was made will be held to be invalid on the basis of undue influence from a third party (e.g. threats of violence or blackmail which can be evidenced) and in such cases any earlier Will would thereafter take precedence.
What Should Be Considered Before Making a Claim?
- How long has the firm of solicitors been established?
- How much has actually been recovered for clients who contest probate?
- Will the Solicitor ensure that you receive the maximum inheritance due to you on a commercial basis, should your case be successful?
- On what basis will your claim be handled – No Win, No Cost, or simply No Win, No Fee?
- Are complex or difficult cases welcomed?
What is contentious probate?
The legal term ‘contentious probate’ refers to any dispute that may arise after somebody’s death. Typically, problems occur from misunderstandings as to how the deceased’s estate should be distributed and who should have control over it. The family of the deceased are usually involved in such conflicts and, in order to resolve the situation, they seek legal assistance.
Most contentious probate disputes involve families during a difficult period, which can, therefore, throw up sensitivities, intrigue and complexity so when looking for legal assistance, it is wise to carefully consider a solicitor’s experience and background in family law and bereavement disputes.
Although contentious probate is something that is difficult to preempt, some people try to prevent disputes by making Wills while they are still in a clear and healthy mental and physical state. Others make the contents of their will clear to their dependents early to avoid any surprises or confusion. This way, any challenges can be made right away and the rationalisations behind the decisions made in the will can be discussed.
How and When to Claim?
Time limits apply to bring a claim, so you should not unnecessarily delay. Speak to us in confidence today by calling our 24hr Claim Helpline on 0845 330 9256, or complete the short enquiry form opposite.