wills

[livigirl]

how do you contest a will

[dzug]

You first of all need to decide on what grounds you wish to contest it. There are very few.

Then on a somewhat cynical but not that unrealistic view you save up some money and visit a solicitor who if he is honest will take your money and tell you have no chance. If he is dishonest he will take your money, contest it, lose, and ask for lots more money.

The actual process consists of telling the Probate Court why you think the will is invalid/wrong or whatever, and producing solid evidence to that effect.

[factor-fiction]

You would need to show you have good reason to believe it was drawn up under duress or was not signed or witnessed in a valid way or the person was not of sound mind In some special cases you can also challenge a will under the Inheritance (Provision for Family and Dependants) Act 1975 if you believe you have not been adequately provided for in the will (see Telegraph example below).

There are strict time limits for challenging a will. If you want to challenge a will you should seek legal advice as soon as possible. Your local CAB can give you lists of solicitors.

Here are some useful pieces of information.

http://www.thompsons.law.co.uk/ltext/Challenge -a-will.htm

http://www.telegraph.co.uk/finance/personalfin ance/2818267/This-is-the-way-to-challenge-a-wi ll.html

http://www.mowbraywoodwards.co.uk/news/index.p hp?start_no=0&id=43

[fredpuli47]

Was this will drawn up by a solicitor ? .Solicitors have to be ready to make a formal statement setting out the circumstances of the will being made.

Showing the deceased did not fully understand the provisions of the will is a lot easier than showing he was under such duress that he had lost his free will altogether or was completely out of sound mind.

In one case the deceased suddenly, near death, changed his will to give every bequest, being his own house and two others he owned in his home village, to his housekeeper, using his old will as a template and substituting the name of his housekeeper for that of his much loved niece.The solicitor had left, 'I leave the residue of my estate to [my niece]' copied unaltered into the new one..Residue' unusually ,was cash on deposit and quoted shares,more value than the named part of the estate The housekeeper didn't know of these.Patently the deceased didn't intend to exclude his niece altogether, as argued, and the new will made no sense since the houses cost money to maintain and he could have given the housekeeper more in cash instead,The housekeeper settled instantly out of court, accepting the terms of the old will.