The last thing anyone usually thinks about when a family member or friend passes away is having to challenge their Will. Unfortunately for many reasons this is perhaps a more common occurrence than people think. The reasons for challenging the validity of a Will or for contesting probate are many and varied. This section looks at some of the common reasons and explains your options if you want to challenge a will.
Probate is the winding up of an estate. All assets are collected in and then distributed to the beneficiaries under the terms of the Will. If someone who was not provided for under the Will believes that they should have received something, they can challenge the terms of the Will. This is called a contested probate. Reasons for a contested probate commonly include:
For a Will to be valid, it has to meet certain basic requirements, which include:
If any of these requirements were not satisfied at the time that the Will was made and probate has been granted where the Will is potentially invalid, the probate can be contested.
You must take prompt action to challenge the validity of a Will; making your claim within 6 months of a grant of probate. Advice should be sought from a specialist probate disputes solicitor with experience of contested probate.
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