Disputes over wills, trusts and inheritance have unfortunately increased as families become more dispersed and their structures more complicated. Contesting a will, trust or inheritance is never an easy process. In this contentious probate legal guide, we have gathered some of the most important points you should consider when deciding whether or not to contest a will.
When there is a dispute involving inheritance or the validity of a will in the UK, it is classed as contentious probate. In basic terms this is where there is disagreement after someone has died about the distribution of their estate. The dispute could be that you feel the will didn't leave you what you deserve or were promised, or you may have concerns regarding the way in which the will was made.
You can contest a will by alleging the process of making it failed to comply with the law. There are a number of legal requirements in order for a will to be valid. The will and must be in writing, made voluntarily and without influence, the person who wrote the will must be over the age of 18 years, of sound mind and witnessed by two people (who are not beneficiaries) in the presence of the person who created the will. The will of course must be signed by the person making it. If you feel that you are not receiving what is expected you may be entitled to claim, however there are rigid time restrictions should you wish to do so.
To make a claim you must be a person who fits into one of the following categories:
If one of those categories applies then you will need to show you have reasonable grounds to make a claim. These grounds are:
At Churchers we know that dealing with these problems while grieving can be difficult and painful, which is why our team are on hand to minimise the stress for you. We aim to resolve contentious probate disputes quickly and cost effectively and have significant experience in dealing with such matters.
If you have any concern as to whether a will is valid or that the distribution of an estate is not being managed correctly, please contact a member of our Contentious Probate team or call 01329 822 333.
We are continuing to offer assistance in all areas of law.More Info
During this current climate we are continuing to work and can assist in all areas of law.
We are extending our offer to 20% NHS discount for Wills and Lasting Powers of AttorneyMore Info
Churchers Solicitors, who maintain an office in Ryde, has confirmed the planned acquisition of fellow Isle of Wight firm, Walter Gray & Co on 1st April 2020.More Info
Churchers believe that the health and welbeing of their staff and clients are of utmost importance.
March 2020More Info