Contesting A Will

[chokkie]

When someone dies, is there a legal requirement for a public notice to be put into a local newspaper, requesting that, if anyone wants to contest the deceased person's will, they have to do it by a certain time? (in the same sort of vein whereby at a wedding, the question "if anyone has any objections to this wedding, please speak now or forever hold your peace")

I know of someone who died at the beginning of March, probate is currently being granted by the solicitor, and a notice has appeared in a local newspaper asking for anyone who would like to contest this person's will to do so by the end of April.

Just wondering if this is a legal thing, or just something that the family have put in the paper just in case .....

I always believed that, if you want to contest a will it has to be done within 6 months of the date on which Probate is granted ....

Hope someone out there can help, cheers, Chox.

[Dogsbody2]

You don't have to do it, but Executors are legally liable if some creditor shows up later with what turns out to be a valid claim on the estate of the deceased, and advertising in the local paper plus the London Gazette wasn't done.

Solicitors acting as executors will always do it, because they won't take the risk themselves (and cynically one might say it increases the tasks they can charge for). To me it depends upon the estate, the overall value and the nature of the deceased - the sort of financial dealings they had.

You are right about the time limit for claims - which will be contained within the Notice.

[chokkie]

Thanks for your help Dogsbody. Much appreciated. However, that public notice aside, I understand that the Grant of Probate Certificate is considered as a public document, and that anyone can request (for a small fee) a copy of said Grant of Probate certificate. I was also under the impression that anyone wishing to contest a Will has to do it within 6 months of the date when Probate was granted, i.e. the date on the Certificate. Is that correct, or would the date by which any applications to contest the will have to be the one given in that public notice in the press?
sorry if I seem a bit thick about this.

[237SJ]

No, there isn`t a legal requirement. My solicitor is finalising the dealings with my Mum`s estate and she asked me if I wanted her to do that but I told her it wasn`t necessary. The purpose is not just for someone to contest the will but for any creditors to come forward.

[Dogsbody2]

s27 of the Trustees Act 1925 says that two months must elapse between placing the notice and the executor being absolved from creditors turning up late. Executor posts the notice only after he has obtained Grant of probate.

This is nothing to do with contesting the will, but about executor taking reasonable steps to trace any creditors of the deceased.

[Barmaid]

The 6 month period to which you refer is with reference to the Inheritance (Provision for Family and Dependants) Act 1975 which allows certain classes of people to make a claim for "reasonable financial provision".

That is not contesting the Will. Contesting the Will is claiming that the Will is invalid for some reason or is superceded by a later Will. That has almost limitless time - however, the longer it is left, the chances of any claim being successful diminish.

[chokkie]

thanks folks, appreciate all your help with this, Food for thought .... Cheers, Chox.