Contested Probate
There are certain instances whereby a third party could question the contents of a Will. This could be where a person has made a Will and was pressurised into making it or that a person has been pressurised into changing a Will.
In addition, it should also be noted that a Will may be invalid if it has not been witnessed correctly. If the person making the Will lacked the sufficient mental capacity to actually make the Will and 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.
Additional Information
Cohabitee Disputes
Contested Probate
Debt Recovery
Meet The Civil Disputes Team
About Manjit
Manjit qualified as a Solicitor in 1990 and brings a wealth of legal experience in Litigation to Willsons. Manjit has a specialist interest in disputes involving property ownership, validity of Wills, estates and inheritance. A number of these claims have risen in the family contexts. Inheritance disputes may arise when the validity of the Will is in question and also when an individual feels someone who has died has not made enough provision in their estate for them.
Manjit has considerable expertise in Contentious Probate area of law having dealt with numerous claims under the Inheritance (Provision for Family and Dependants) Act 1975 and around the validity of Wills arising from matters such as undue influence, forgery and lack of testamentary capacity.
Manjit often acts in these situations for children or disabled and/or venerable adults.
Manjit has experience and has represented individuals and business in connection with large money claims, has acted for share-holders in the protection of their minority interests, for company directors facing personal claims, for partners in partnership disputes, for Claimants in professional negligence claims, for employers and employees in connection with employment claims, for Landlords and tenants of business premises and advised in all manner of insolvency and contractual disputes.
Manjit is a Sikh and was born in the Punjab in India and has extended family in India, Canada and the United States. Manjit’s interests are varied and include walking, dance, music, Bollywood, reading, movies, cookery and fashion.