here to help
There are many reasons why you may choose to contest the Will of a family member or loved one. Perhaps you feel you have been unfairly disinherited, or that the individual was not of sound mind at the time of making the Will.
Whether you’re unhappy with what you have received, or you suspect the Will could be invalid, our experienced Litigation Team are on hand to help.
When someone dies, their Will goes through a process of probate which most people are familiar with. In legal terms, contentious probate is when there is a disagreement about the validity of someone’s Will and the distribution of their Estate after they have passed away. A deceased person’s Estate can include assets such as money, property and possessions.
A Will can be contested in full or in part and is often a very complex and time-consuming process. It can be contested either because the process of making the Will did not abide by the law, or if any evidence suggests that the Will is invalid and does not accurately reflect the intent of the deceased.
AREAS OF PRACTICE
At Vyman Solicitors, we understand that dealing with issues surrounding wills can be a sensitive and stressful matter. Our team of experienced solicitors are trained to deal with claims in a sympathetic way to minimise worry and can guide you through every step of the process with specialist legal advice.
What are the reasons for contesting a Will?
A common reason why someone may wish to challenge a Will is if the person who made the Will, also known as the testator, did not have adequate testamentary capacity. In other words, they lacked legal or mental capacity and were not of sound mind at the time.
Other reasons include if the testator was subject to fraud or undue influence, the Will was not executed with the correct legal formalities, or there was a lack of knowledge and approval of the contents of the Will. If you can cite one of these reasons and have compelling evidence to back it up, you may have grounds to make a claim.
Who is eligible to contest a Will?
A Will may be contested if the deceased failed to provide enough financial provision for a dependent. However, it’s important to understand that you are only eligible to contest a Will if you have a beneficial interest in the deceased’s Estate. This normally includes surviving spouses, former spouses, children, a co-habitee or another type of dependant, such as someone who was financially supported by the deceased or treated as though they were a child of the family.
How should I go about contesting a Will?
Contesting a will can be a tricky process, which is why it’s important to seek professional advice from a solicitor as soon as possible so that urgent investigations can be carried out, as there are strict time limits on how long you have to pursue a claim once probate has been granted.
At Vyman Solicitors, we understand that dealing with issues surrounding Wills can be stressful matter. Our team of experienced solicitors are trained to deal with claims in a sympathetic way to minimise worry and can guide you through every step of the process with specialist legal advice.
It’s also worth remembering that there may be time constraints when contesting a Will, starting from as little as six months from the date of the grant of probate.