Contesting a Will

What are the grounds for contesting a will?

  • lack of testamentary capacity
  • undue influence or coercion
  • lack of knowledge and approval
  • Wills Act 1837
  • forgery and fraud.
  • Reasonable financial provision

Can we use mediation for disputed wills?

Yes, mediation is a good option for resolving disputes concerning wills and inheritance. It is a collaborative process that can help families avoid the additional strain and conflict of going to court, while also preserving family relationships.

What is the cost of contesting a will?

Contesting a will can be costly, so it is important to weigh the risks and benefits before doing so. The court typically decides who pays the costs, but the losing party is usually responsible for paying the winning party’s costs. There are a few exceptions, such as if the person who made the will or the people who inherit from the estate caused the legal challenge.

Who can challenge a will?

Anyone can challenge the validity of a will, but it is usually people who were close to the deceased. If the will is invalidated, the court will decide how to distribute the estate. If there is a previous valid will, the court will normally follow that. If there is no previous valid will, the estate will be distributed according to the rules of intestacy, which means that only family members will inherit. If there are no surviving family members, the estate will go to the government.

Can a will be overturned after probate?

Yes, a Will can be contested even after probate has been granted. However, there is a time limit of six months from the date the Grant of Probate is issued for someone to contest the Will. Any claims made after this six-month period are unlikely to succeed.

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