A Contentious Probate, otherwise known as a Disputed Will, is a dispute relating to the administration of a will. The dispute could be related to the value of the assets, the interpretation of the will or the feuding of beneficiaries.
In order to contest a Will you must be able to prove that the process of making the Will failed to comply with the law or that there are wrongdoings within the Will itself.
How to contest a Will
If a Will is believed to be invalid, there is opportunity to contest it; this may be due to a lack of ‘testamentary capacity’, undue influence, fraud/forgery or construction claims. There are numerous components that make up a valid Will.
Anyone who is likely to benefit from a Will or intestacy is able to contest a Will. Whether you did not receive what you thought you should or if something of your possession was given away in a Will, a probate solicitor can offer you sound advice to ensure you receive what you are entitled to.
Inheritance Act 1975
The Inheritance Act 1975 is one of the key pieces of legislation when it comes to contentious probate. The act lays out who can claim if financial compensation wasn’t specifically granted to someone who felt like it should have been.
There are time constrictions for such claims meaning that any intention of making a claim under this act must be followed through within 6 months of the grant of probate.
Who can make a claim?
In order to qualify for a claim, a person must fit into one of the following categories: a spouse, a former spouse (if not remarried), a partner who lived with the deceased for at least 2 years, a child, or someone who was supported financially by the deceased.
If a person falls under any of these categories then they are one step closer to making a claim assuming they have reasonable grounds.
Whether you have concerns over the way a Will was made or mixed feelings towards the distribution of an estate, find out if you have grounds for a contentious probate by getting in touch with a qualified probate solicitor.