In some instances when a loved one passes away, the relatives left behind can strongly believe there is an error within the Will or that it has not been correctly executed. This may give rise to the Will being contested.
The grounds for contesting a Will are as follows:
The first step to take when considering challenging a Will, or if you need to defend a challenge to a Will, is to take legal advice from a solicitor specialising in Wills & Probate.
They will be able to confirm your grounds for defence or for contesting and can assist in the next step, which is known as lodging a caveat. This prevents the Will from being administered for a period of six months, providing an opportunity for the dispute to be resolved.
Even if a Will is deemed to be valid, a claim may still be brought to challenge the level of financial provision it offers. Individuals may be entitled to do this under the Inheritance (Provision for Family and Dependants) Act 1975.
There are also other criteria under the Act that need to be established in order to be successful in the claim.
There is a strict time limit of 6 months from the date of Grant of Probate for applications under this Act. In rare circumstances the Court can grant an extension to this time limit.