CONTESTING A WILL - UK PROBATE LAW

Contesting A Will ~ Not all solicitors have the experience necessary for contesting a will. Within the legal profession, there is a tendency for solicitors to take one of two paths. Either they do court room work or they don’t. It can be difficult to find a will and probate solicitor, whose work is mostly non-contentious, who is also capable of dealing with litigation. Our lawyers are specialists who are qualified to handle these matters including contests, disputes and questions over the validity of a will. There are a number of reasons for contesting a will, and the law can be very complicated in certain areas. For instance, someone who was not included in the will might bring a legal action because they believe they are entitled to some of the deceased’s assets. Should you find yourself on the cusp of legal action, you’re well advised to contact a solicitor immediately. In fact, you can contact one of our solicitors today by filling out the form on this website or by calling us on our helpline. One of our friendly and knowledgeable solicitors will contact you to discuss your case, free of charge.

Valid Will Requirements ~ The all important question when contesting a will is whether the document is valid. So many mistakes can be made in executing a will that can invalidate the entire document. It’s an area rife with pitfalls for the inexperienced or DIY pack purchaser. The law sets forth strict criteria for a valid will. The testator must be over the age of 18 years, of sound mind and free from any undue influence. The undue influence issue commonly arises when a beneficiary is seen as having had too much involvement in making the will. There are also specific witnessing requirements. Two individuals must witness you signing the document and then sign the document themselves as well. Neither of the witnesses should be a beneficiary of the will or else they forfeit their inheritance.

Lost or Destroyed Wills ~ Sometimes the original will is lost. In those cases, the person appointed as executor can go before the court and attempt to prove that a copy of the will is valid in order to obtain a grant of probate. Should it happen that a beneficiary of an earlier will is not listed in the copy being brought before the court, that beneficiary may want to contest the validity of the copy. In contesting a will a beneficiary could argue that the original will was not lost, but was rather destroyed as a means of revocation. If the lost will was actually destroyed, the earlier version of the will would be valid. Litigating this type of contest requires extensive evidence and documentation. You need the advice and assistance of an experienced solicitor to be successful in litigation over a lost will.

Dependent’s Right to Support ~ During the deceased’s lifetime, certain people may have been dependent on the deceased for financial support, such as a spouse, minor or disabled person. Dependents have a legal right to continued support. If the deceased failed to make suitable provisions for a dependent in their will, the dependent can bring a legal action on the basis of a prior claim to the estate.

Free Legal Advice ~ Our nationwide network of will and probate solicitors are ready to answer your questions in plain and simple terms. You can count on our solicitors to write and speak in plain English. No legal jargon here. Fill out the contact form located on our website or phone us on our helpline and one of our solicitors will be in touch. The solicitor will provide you with free, no obligation advice.