Phone Us: Freephone: 0800 953 1696 | Head Office: 024 7638 7821

Contested probate

Contested Probate

There are a number of potential challenges which can be made to a Will. This includes undue influence i.e. where the person making the Will has been pressurised to make or alter their Will. Alternatively a will may be invalid if it has not been executed properly.

If the person making the Will lacked sufficient mental capacity and therefore did not fully understand the nature of what they were doing this may also invalidate the Will.

A further increasingly common ground relied on is that the Will has failed to make adequate financial provision for certain specific categories of people – usually this will be someone who was in some way financially dependent upon the Deceased before he or she died.

There are strict time limits which apply for making these types of claim and you must fall into one of the specified categories of Claimant listed in the legislation in order to be entitled to make a claim.

This is a complex area of the law and as such we always recommend that you take legal advice beforehand if you are either considering challenging a Will or if you find yourself subject to a claim.

Facebook IconTwitter Icon