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Contested probate

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.

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