How to contest a Will
When someone dies they may not adequately provide for those they leave behind. In such circumstances the Inheritance (Provision for Family and Dependants) Act 1975 may allow a person to contest a Will so that it can be changed to allow for reasonable financial provision.
When considering a contested Will the Court will consider the following:
- The applicant's financial position both now and in the future;
- The likely financial position any other applicant is to have in the future;
- The financial position of any person who is currently due to inherit or is likely to inherit in the future;
- Any obligations or responsibilities which the deceased had towards an applicant or towards someone due to inherit from the estate; and
- The size and nature of the deceased person's estate
If you wish to contest a will, swift action is required as an application to the Court has to be made within six months (that is issued in court) of the Grant of Representation; normally the Grant of Probate.
Is a Will Valid?
Another common will dispute that can arise is whether or not a Will is valid. Sometimes it is alleged that a Will being relied upon has been forged or isn't the last Will made. Searches for the true Will will then almost certainly need to be made. Willfinda.co.uk is a very useful online tool for registering Wills and searching for missing ones.
For further information on how we can help you call our Managing Partner, Hugh Davey or Consultant Solicitor Tracey Ashford on 0333 344 5012 or out of office hours on 07914 897137. Or view our enquiries page.