What Happens When a Will is Contested?
Rachel Roche LL.M. TEP ??
Multi-Award Winning Law Firm Owner || Entrepreneur || Author & Speaker || Solicitor || Passionate about AI, Business Building and Trying New Things || Always Thinking || Goldman Sachs 10KSB ?? Instagram: @iamrachel_roche
When a loved one dies, you will have a number of legal responsibilities to deal with. One of the major ones is the need to locate the Will and administer the estate according to the wishes laid out in it.
In most cases, this practice is reasonably straight-forward. Families rarely find anything particularly surprising in a Will; it’s rare for someone who could reasonably expect a bequest to have been excluded completely.
However, there are occasions where family members do not agree with what has been written in a Will.
This might be because the family considers the Will to not be in line with what the person would’ve wanted at the time of their death. It may also be because a member of the family believes they have been treated unfairly in the Will, regardless of what the rest of the family think.
Who can contest a Will?
It’s important to recognise that not everyone has the right to contest a Will. You will only be able to start this legal process if you had a certain type of relationship with the person who has died. This includes if you were a family member, if they treated you as if you were a family member, if you were in a cohabiting relationship with them or had been in the past, or if you were mentioned in a current or previous Will.
You also need to have a clear reason to make a claim against a Will. For example, you don’t have any legal right to dispute what is written in a Will simply because you don’t like it.
You might be able to challenge a Will if:
· You don’t believe the Will is valid
· You believe the Will is fraudulent
· You believe the Will was written as a result of undue pressure
· You believe the person wrote the Will when they no longer had the mental capacity to do so
· You believe the person who wrote the Will hasn’t adequately provided for an individual they are legally obliged to (such as a spouse or child they were supporting financially before their death). This type of claim is known as reasonable provision.
How long you have to make your claim depends on what kind of claim it is. As a general rule, it’s best to act quickly in these situations and seek legal advice as soon as possible. Though it is possible to contest a Will once probate has been granted and the estate has been distributed, it can be more straight-forward to take action...Read more
Consultant at Spencer West Solicitors
4 年Debbie as you say sadly the trend regarding post death disputes continues upwards. Complicated family arrangements - particularly regarding second marriages - continue to give rise to disputes. The exploitation of the vulnerable, elderly and infirm is also on the increase driven often by the ability to make use of card/PIN numbers and internet banking. Contesting the validity of a will is very often only one of the issues arising on death.
Managing Partner at The Law Factory
4 年Sadly this is becoming more and more common. With complicated family set ups, it always amazes me that so many people fail to use a specialist to prepare their wills, leading to long drawn out disputes and family rifts.
Consultant at Spencer West Solicitors
4 年Many issues can arise in such disputes including Property going outside a will and claims against the estate rather than challenging the validity of the will.