Wills, Trusts & Probate

Contesting a Will Solihull

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It can be challenging enough dealing with the financial affairs and final wishes of a loved one after their death. This process, known as probate, is made far more difficult when it is contested.

Contested probate is any dispute relating to the administration or distribution of a deceased person’s estate. This could be a dispute over the validity of a will or part of a Will, interpretation of specific clauses in the Will or even making a claim to obtain a share of a deceased person’s estate when the Will does not provide for this.

Contested probate matters may also include dealing with difficult executors or feuding beneficiaries.

Pearcelegal offer a free consultation to help you understand the best way of moving forwards if you are faced with a disputed probate situation.

Frequently asked questions

Can you contest a Will after probate has been granted?

While it is possible to contest a Will after probate has been granted, for practical reasons, it’s better to contest the Will before probate is granted. If you are planning to contest a Will, it’s important to act quickly as time limits do apply.

Can you contest a Will if you were left out?

You may only contest a Will if you have legal grounds to do so. However, if you were financially dependent on the deceased and their Will does not make “reasonable financial provision” for you, you may succeed in contesting the Will.

What grounds do you need to contest a Will?

There are four reasons you can contest a Will. 1) The Will wasn’t created and signed with the correct legal formalities. 2) The deceased did not understand the Will or lacked the mental capacity to understand the implications. 3) The deceased was under undue influence to create or amend the Will. 4) The Will was forged or influenced by fraud. 5) The Will does not meet the wishes of the deceased because of a clerical error.

Can a family member contest a Will?

A Will can only be contested by a family member such as a spouse or child. It can also be contested by those mentioned in the current Will or in a previous Will.

Our specialists in Contesting a Will

Stephanie Howard

Associate Solicitor

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