Contesting a Will
Wills & Probate
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Contesting a Will
Can I contest a Will?
If you are the spouse, child, cohabitee, or someone specified in the Will, you have the right to contest it. To successfully contest a Will there must be valid legal grounds.
On what grounds can I contest a Will?
There are numerous reasons you can dispute a Will, as follows:
- If the deceased lacked mental capacity when forming the Will
- The person making the Will should have done so voluntarily and must not have been forced
- Invalid procedure, a witness not signing a Will.
- Fraud, the will was forged, or the person was deceived when making the Will.
- If you were financially dependent on the deceased and you feel you were not provided for within the Will you may be able to claim under the ‘Inheritance Act.’
- You were promised something and was not left within the Will
- Someone is making a Statutory Will for a person who lacks mental capacity, but you believe it does not accurately reflect their wishes.
Is there a time limit
It is important to dispute a will as soon as possible especially if you feel it is necessary to do so.
Depending on your claim, you usually need to start your claim within six months from the issue of the grant of probate. If the time has passed over six months you will need to apply to the court for permission.
If you are a beneficiary making a claim against the Will you have 12 years from the date of death.
There is no time limit if you feel the deceased was a victim of fraud when making the Will.
How can we help?
Contesting a Will can be a sensitive matter, our solicitors have the expertise to assist and guide you through the process.
Call us today on 0161 798 9000.
