Complexities of Contesting a Will or Probate Disputes

The vast majority of Wills go through probate without any problems. However the number of contested wills are on the increase with more people are calling upon the services of a probate solicitor to dispute a will.. The size of inheritances increase and family structures today are more complex than they were years ago and they are increasingly using the Courts to dispute relatives Wills.

Research conducted by probate solicitors Wedlake Bell shows that the High Court heard 228 probate disputes last year compared with 83 in 2006.

The Inheritance (Provision for Family and Dependants) Act 1975 gives those individuals who are financially dependent on the deceased the possibility of obtaining financial provision from the estate.

A person can leave money or property to whomever they choose in their will. However, sometimes a will is challenged – this process is called contesting a will. The most common types of reasons Will’s are contested are:

•    The validity of the Will
•    Undue influence
•    Fraud
•    Mistake
•    Forgery
•    Loss of mental capacity of the testator

Even if a will is valid, you may be able to claim against the solicitor or other professional if they drafted the will negligently.

If you are a partner, a close family member or a dependant left without adequate provision and you believe you have been unfairly excluded from a person's will, you might also be able to make a claim against a person’s estate.

This is a complex area of law and you need to ensure that you are represented by specialist lawyers with appropriate experience and knowledge. This advice need not be expensive and very often it is free or an a no win no fee basis which means that, win or lose, you pay nothing. In a no win no fee situation you should not be asked to fund or finance the claim. You should seek a guarantee that any compensation awarded will be paid to you in full with absolutely no deductions. You should make sure you have as much information as possible about your case readily available; providing this information will help your solicitor to advise you further.

Finally, it is important to note there is a time limit for contesting a Will. Claims must be made within 6 months of the grant of representation and, ideally, claims should be brought within 6 months of the date of death although the Court does have jurisdiction to allow claims out of time in some circumstances.