Losing a loved one is a distressing and emotional time – and sometimes this upsetting situation can be made far worse if there are disagreements relating to the deceased’s Will.
Whether it’s because there are doubts over the validity of the Will or disagreements regarding the contents of the Will, there are times when individuals may wish to challenge a Will.
Who Can Challenge A Will?
The law on Wills is complex but as a guide any beneficiary or person deemed likely to benefit from the Will can challenge it.
This includes an individual who is:
- A blood relative or spouse
- Named in an earlier Will
- Financially dependent on the deceased
- Owed a debt by the deceased
- Not included despite being previously promised something in the Will
For What Reason Can You Challenge A Will?
Every situation is different and the grounds for challenging a Will vary enormously.
Reasons for challenging a Will can include:
- The Will is poorly prepared
- Suspicion the Will is forged
- The deceased had been influenced or pressured at the time
- The deceased was not of sound mind at the time
When Can You Challenge A Will?
It’s advisable to challenge a Will as soon as possible as there are time limits on certain challenges that can be as little as six months from the date probate was granted.
It’s harder to make a challenge once probate has been granted and the estate is distributed amongst the beneficiaries. It is not impossible to do so after the distribution of the estate occurs but you should submit your claim before this point if at all possible.
How Long Does It Take To Challenge A Will?
As with many legal matters, the length of time challenging a Will takes depends on the individual circumstances. It’s usually complicated to contest a Will and takes any time between a few months and several years.
If you can, we strongly advise you to try to resolve the matter through mediation as this will save you time and money as well as the stress of having to go to court.
How We Can Help You Challenge A Will
Our Wills and Probate solicitors have the experience and sensitive approach to help you with challenging a Will and have a strong track record for resolving disputes quickly and effectively.
We understand what an emotionally distressing time this likely is for you and provide a free, no-obligation initial consultation so you can seek the legal advice you need before deciding whether to go ahead with the challenge.
Once we know the details of your situation, we will provide advice and guidance, and help you achieve the best possible outcome – for you and your loved ones.
To speak to one of our specialist solicitors about challenging a Will, contact us on 0800 988 3674 or telephone our Hoole office on 01244 311 633 or email email@example.com