Contesting a Will
Grounds and process of Contesting a Will in the UK
Contesting a Will grounds, the time limit under the Inheritance Act is 6 months from the date of probate. How much does it cost to challenge a Will? We have an arrangement with experienced probate solicitors and firms who work on no win no fee basis. Our No-Win, No-Fee agreement for Contesting a Will: “If you lose you pay us nothing”. From where do you start, if you have ‘sufficient grounds’ to invalidate properly executed Will and may wish to contest a Will? Wants to know the grounds and process of Contesting a Will? Going Legal Limited here to help you through the contesting a Will process of getting support and funding depending on your circumstances.
In order to bring a lawsuit, the Court requires that you must have ‘sufficient reasons’ to invalidate a Will, which was signed by the testator. The most common reasons are Validity of a Will, Fraudulent & forged Will. When someone feels disagreement about the Testator’s Estate they can challenge a Will. In absence of any Will, The Estate of Testator will undergo Administration (Rules of Intestacy) instead of Probate. You cannot simply contest a Will, because you think you didn’t receive an asset that you had been told, you would get or deserve more from inheritance.
What are the grounds for contesting a Will?
1. Basis of lack of knowledge & approval
If a Will properly executed and signed by the testator who does not have knowledge of, and approval of its content. If such case Court may consider Will is in the suspicious ground. Inheritance dispute claim can be accepted in the Court. ‘Knowledge and approval’ of the contents of the Will reference to ((Barry v Butlin (1838) 2 Moo PC 480) and Gill v Woodall  EWCA Civ 1430 cases.
2. Valid Execution of a Will
The common ground of dispute arises when the Executor has acted unreasonably or negligently, or when the Deceased has made very clear promises of an inheritance, only to then disinherit or cut someone close to them out of their will. All Will’s must comply with the Wills Act, which provides that the will must be in signed, dated and witnessed by two independent witnesses, (neither of whom can be a beneficiary) at the same time as the person making the will. If any of these rules have not complied with the will is invalid and fails.
3. Lack of capacity claims
To make a Will the Court has to go establish the person making the will had the capacity to do so and have understood, that they were actually making a will. Test for testamentary capacity was laid down in Banks v Goodfellow (1870), which sets out that a testator has capacity if:
(a) he understands the nature of making a Will and its effects;
(b) he understands the extent of the property of which he is disposing; and
(c) he is able to comprehend and appreciate the claims to which Deceased (he/she) ought to give and must not be affected by any “mental disorder” which would influence a Will.
4. Undue influence
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.
5. Rectification and construction claims
Sometimes due to because of the clerical error, a Will may be rectified to carry out the intention or instructions of testator’s Estate. The Will negligently drafted this is often the first port of call before making a claim for professional negligence.
Contesting a Will claim may be brought if the words in a Will are questionable in nature or not clear. In such a case, the court is asked to determine the meaning of the words used in the Will.
6. Fraudulent & forged Wills
Fraud & Forged Will can be contested:
a. When the signature of a testator is forged.
b. Will Fraud: When Someone influence testator to believe certain facts were true and testator to lie so that one beneficiary was favoured.
7. Deceased failed to honour promises under a Will
8. Inadequate financial provision in a Will
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.
Just complete the form opposite and we will contact you for a quick informal chat. Make a free, no-obligation enquiry now. Call us on 0845 218 0230.
On what grounds can a Will be contested?
How can you contest a Will? What are the grounds for challenging a Will or claim against the testator’s Estate? If you believe, your loved one’s Will is not what he or she intended, there are several things that you can do legally. Subsequently, to their death, you feel it does not reflect the wishes of the deceased or there are disagreements in the family about inheritance issues. Or the Will they made is missing, has been destroyed, or is legally invalid. Whatever is your situation, we may be able to help.
Can a Will be contested after probate?
There are timescales involved for contesting a Will following a ‘Grant of probate’. Courts may not look favourably on extended delays and cases brought late may be complicated by the distribution of the estate has already taken place. If you feel that you have a valid claim. Inheritance (Provision for Family and Dependants) Act 1975 lays down requirements that need to be met in order for people to make claims for what it terms as ‘reasonable financial provision’. These are that the deceased must have lived in England or Wales and that any inheritance claims under the Act are made within six months of the letters of administration or Grant of Probate.
Process of Contesting a Will
Contesting a will after probate has been issued is very much complex. It is always very significant that you obtain a copy of the Will as soon as possible after the testator passed away. Sometime Executors will not disclose a copy of the Will even if you are the closest and direct family member. If you wish to contest a will, it is often recommended to talk with our probate experts who will help you to caveat against the estate.
Contest a will in the UK is legally complex. At the beginning of each and every case, our probate experts will go through a detailed series of questions.
After we believe there is a sufficient ground for contesting a Will, on which you can make a claim against an estate. We have explained grounds for the contest a Will & what you should do next above. Call us on 0845 218 0230.
Inheritance claim under (Provision for Family & Dependants) Act 1975 can only be made if the deceased died domiciled in England and Wales.
Is there a time limit for contesting a Will?
Contesting a Will time limit for a claim under the Inheritance Act differing time limits vary depending upon the type of dispute. In general, you need to aware Inheritance Claim arbitration for contesting a Will time limits are governed Under the Limitation Act 1980. Time is often of the essence in contested probate disputes, as assets can be disposed of by unscrupulous Executor’s and therefore immediate legal help should be sought. In addition, the time limits for contesting a will are very strict, for example with a claim for maintenance, the Inheritance Act provides that a claim must be brought within six months from the date of the grant of probate. The general guide for the key time limits given below:
Types of Claim
2. Making a claim against testator’s estate:
3. Claim against fraud or forgery:
12 years from the date of death
No time limit applies
Who can challenge a will?
1. The spouse
2. A former spouse who hasn’t remarried
5. A partner who lived with the deceased for more than two years
6. Any other dependants
What is a Will?
We regularly refer to Wills throughout this website, but what in fact is a Will? – A ‘Last Will and Testament’ is a legal declaration by which the testator names one or more people to manage their estate and provides for the distribution of their property upon their death.
Although it is commonly thought that a ‘Will’ was historically limited to property whereas ‘testament’ referred to personal effects (thus giving rise to the popular term ‘Last Will and Testament’), records show that the terms have been used interchangeably. The word ‘Will’ therefore validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator.
Larke-V-Nugus statement and Grant of Probate:
The claimant solicitor will request a Larke-V-Nugus statement from the solicitor who originally prepared the Will and its execution. Above statement are requested for contesting a Will as evidence against the validity of a will on the grounds of lack of testamentary capacity, undue influence, want of knowledge or approval or forgery.
Cost of contesting a Will?
The cost of contesting a Will is very difficult to estimate, as much often depends upon the type of the dispute, the number of parties involved. It is unlikely you will get a fixed fee quote from your solicitor or an hourly rate. You must make sure there is no non-essential work for the solicitor which could make it more expensive.
Most of the funding options apply to claims contesting wills, including no-win, no-fee type arrangements where you only pay the costs if you win. No-Win, No-Fee agreement: “If you lose you pay nothing”. Your expert can look at all aspects of contesting a will and make a free, no-obligation enquiry. By the completion of the form, we will contact you for further information.
Why Going Legal Limited?
If you are unhappy with a will, it is important that you seek immediate legal advice from an expert contest probate solicitor experienced in probate disputes, as certain steps can be made to safeguard the disposal of estate assets. For example, the issuing of a caveat prevents a grant of probate being issued as is a very useful tool, to allow time for further investigations to be undertaken regarding contesting a will. We have been established for in excess of twenty years. During this time we have successfully recovered in excess of £30,000,000.00 for our clients and our experience and expertise means that we are able to welcome complex and difficult cases, whilst fighting for your rightful inheritance on a No-Win, No-Fee basis.
How can Going Legal help you?
Need Help Contesting A Will? Contact No Win No Fee Solicitors. Going Legal is able to assist you in by introducing you to an experienced Probate Solicitor who will act for you on a genuine no-win, no-fee basis. The criteria in law by which a Will can be contested is complex and requires experience and knowledge to navigate it successfully. Our expert specialists will quickly be able to evaluate your case, guide you through the process of how to contest a Will and introduce you to an experienced probate solicitor who will work for you on a genuine No-Win, No-Fee basis.
Call 0845 218 0230 to make a claim with zero financial risks or alternatively complete the form opposite and we will contact you.