Contesting a Will in the UK: Grounds and Procedures

Losing a family member is a challenging time. While dealing with grief, you may want peace of mind by cherishing the departed’s last wishes from the will. If you suspect the will is not as per their wishes, you may contend it and file a claim.

You may claim for rectification in the will using the Provision for Family and Dependants Inheritance Act 1975. Spouse, child, or anyone with a vested interest may contest the will for better results. They may take legal help and the claim to court for further analysis.

As each contesting claim is different, contacting a legal advisor is advisable. Keep reading to learn more.

When to Contest the Will?

To make inheritance claims and contest a will, you must respond quickly within a certain period. Here are different time frames:

  • You have six months from the issue of probate to claim adequate financial probation.
  • Beneficiaries may dispute financial claims for up to 12 years from the death date.
  • There is no set time limit for contesting against the fraud in will.

Grounds for Contesting Will

The following points explain the grounds for contesting will:

Lack of mental capacity

The testator of the will may not have been of sound mind when making and signing the will. They may be incoherent or unable to understand how to draft a will in the best possible way, distributing all their assets.

Improper execution

The will is considered invalid if the legal signing procedure is not followed. A legal attorney may not have signed it, or the testator may have been coerced to sign the will.

Influence

The will may be created due to undue influence on the person due to manipulation in some way. A person may have been responsible for influencing their wishes and getting the will drafted as per their wants.

Fraud

This is another common ground when the will is fraudulent and forged falsely. Someone may have added unnecessary terms to the will or developed the signature on the will.

This covers cases where there are valid grounds to suggest that the will has been forged for

Rectification

If the will does not reflect the deceased wishes, you may ask for rectifying an obvious error. For instance, there may be some written errors that state wrong information. This rectification must be done within six months of the grant of probate.

Contesting a Will

Here is how you may plan to contest a will:

Contesting a will is a highly complex and time-consuming process. You will need legal help and advice from a professional attorney. Since the claims are time-sensitive, you need an experienced person in your team to understand the intricate details of the case.

The lawyer may advise you to claim the probate grant. As time is of the essence, you must hurry to contact an attorney for will disputes. If it is impossible to do so, the legal team may make a case to contest the will after probate.

File a caveat

A caveat is a formal claim with the Probate Registry Office. It may prevent the grant of probate when filed timely. The court will consider your claim and investigate it before granting probate as per the will. Caveat stops such proceedings for six months and may be renewed as needed. You may also submit a formal court claim if the caveat is unresolved in six months.

Court action

Sometimes, initial mediation and discussion may lead to no resolution. After this, you must go to court with your formal claim to reach an agreement. This may be a long and costly ordeal, but it may help you get the will invalidated by the court. After this, the old will hold no value for money and property, and intestacy law will be applied to distribute possessions.

Parting Words

If you believe your loved ones’ final wishes do not reflect the will, you may contest it to reach a better solution. You may have the reasons mentioned above to believe the will is invalid. With the help of an attorney, you may validate the will and feel peace of mind.

Get in touch with Lawyersorted.com to find the right solicitor for your needs.

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