When a loved one dies, the last thing anyone wants is to fall out over their estate. Unfortunately, in some cases, this cannot be avoided, even if a will is in place.
The whole process of disputing a will can be very time consuming and emotionally difficult. This is the same whether you are contesting a will or find yourself on the receiving end of a claim.
Our contentious probate specialists help you understand more about the grounds for contesting a will, inheritance act claims or trust disputes.
Every contentious probate matter is unique and requires bespoke advice. Our specialist team of inheritance dispute solicitors works alongside you to challenge a will. They will guide you through this highly complicated area.
Our solicitors will fight your case in the courts where appropriate. However, we are also committed to the constructive resolution of disputes by mediation or negotiation wherever possible.
Contact Lisa Cox
To find out if your case is worth taking forward, give Lisa a call
Contesting a will - FAQs and Jargon Buster
What happens when there is no will?
If there is no will, the rules of Intestacy will apply.
If you would like to know more, a helpful guidance can be found on the Government website: https://www.gov.uk/inherits-someone-dies-without-will
Will I have to go to court?
95% of cases settle without court proceedings becoming necessary as we usually settle cases through correspondence or mediation. Even if court proceedings are started, the parties often reach an agreement before the trial takes place.
How much will it cost and who pays?
Each case is very different and this means the costs are. The factors that affect costs are:
- how complicated the issues are
- how many parties are involved
- Whether an agreement can be reached with the other side
- If we have you chase you for instructions or chase other people to respond to us
- If we need to instruct an expert or a barrister
- The amount of documents
- If the other parties are legally represented
- How long the matter goes on for
The usual rule is that the looser pays the winner’s costs. However, this can change so it depends on the individual circumstances of the case.
Can an executor change a will?
No, an executor cannot change a will. The executor’s responsibility is to administer the estate in accordance with the will. If they do not, they can be removed and possibly have to reimburse the estate for any losses or incorrect distributions.
How do the courts decide whether or not a will is valid?
The court will look at the evidence before it, which can include witness evidence, documents and expert evidence on things such as the deceased’s mental capacity or whether the will was a forgery. The court will then decide on the balance of probabilities whether the will is valid or invalid in accordance with the law. The legal test applied will depend on which ground the validity of the will is being disputed. The starting point (i.e. that the will is valid, or that the will is invalid) depends on the ground the will is being disputes and can depend on the individual circumstances of the case.
Is there a deadline to bring a claim and how long it take?
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be brought within 6 months of the Grant of Probate. A claim can be made after then, but permission to do so is required from the court.
There is no time limit to contest the validity of a will. However, we recommend you seek advice quickly as if the estate assets have been distributed, it can make recovery them more difficult if the will is later declared invalid.
When pursued, claims usually take between 6 months – 2 years to resolve. Each case is very different so it depends on how complicated the facts are, and whether an agreement can be reached with the other side.
How do I stop a grant of probate?
You can stop a Grant of Probate being issued by entering a caveat, which is a notice lodged at the Probate Registry. However, this should only be done if there are concerns about the validity of a will and there can be consequences of entering a caveat, so we recommend you speak to us before doing so.
If a caveat has been entered incorrectly (for example, if there is no real dispute about the validity of the will) then a warning can be issued. If this is not responded to, the caveat is removed and the grant of probate will be issued.
If a warning is entered against a caveat, the person who put the caveat in place can enter an appearance to the warning setting out why they believe the will is invalid. The caveat is then made permanent and can only be removed by agreement, or by way of a court order.
Can I dispute a will after probate?
Yes, a will can be disputed after a grant of probate has been issued. We usually recommend doing it before as after a grant of probate has been issued, there is a risk that the estate assets have been distributed. Assets can sometimes be traced and recovered, but not always. Therefore, disputing a will after probate can be done, it just may be more complicated.
Can I contest or challenge a will?
A will can be challenged in certain circumstances. Please contact us to discuss your individual situation. An article about the ways a will can be challenged can be found here Ways to challenge a will - Birkett Long Solicitors
Can an executor change a will?
No, an executor’s duty is to follow the terms of the will.
Can I get a copy of a will?
Once a Grant of Probate has been issued, the will becomes a public document so anyone can obtain a copy. Before then, it is generally up to the executors of the will who receives a copy.
What happens if a child if left out of a will?
The child can consider making a claim against the estate. Claims under the Inheritance Act- Birkett Long Solicitors
Disputes that we deal with:
- Who pays the legal costs following a will dispute?
- Are you worried that a loved one was influenced by someone else when they wrote their will?
- Do you think a loved one lacked mental capacity at the time of writing their will?
- Do you believe that a loved one’s estate has been depleted by financial abuse?
- Is there a dispute between executors or between executors and beneficiaries?
- Has a will been lost, or does it contain errors?
- Are there arguments about what’s been left to you in someone’s will, a trust or inheritance?
