Contentious probate FAQs
Who pays for contentious probate?
Typically, contentious probate claims are privately funded in the first instance. If a claim is successful, the losing party will often bare both parties costs, though costs are always a point of negotiation when settling a claim.
If you are an executor, defending or dealing with a claim on behalf of the estate, costs may well be recoverable from the estate.
How to dispute a Will?
To dispute a Will, you must have a valid ground to pursue, with evidence in support. Common grounds include lack of testamentary capacity, undue influence, fraud, or improper execution. Legal advice is essential to navigate the complexities involved. If it is found that there are good prospects of success, then the claim will be pursued formally through the court system. If we do not believe prospects of success are strong enough, we will advise against pursuing the claim any further to ensure no costs are wasted for clients.
Who can dispute a Will?
For a person to challenge the validity of a Will, they must have the requisite locus standi to do so i.e. the necessary legal standing. A person will have legal standing to do so provided that they stand to benefit from the invalidation of the current Will.
An executor may also seek to have the Will formally deemed invalid if there are execution issues present.
How can I protect myself from a Will dispute?
To protect yourself from a Will dispute, ensure your Will is clearly drafted and duly executed. Ensure it is kept up to date to reflect your current wishes and circumstances. Consider drafting a letter of wishes, explaining your reasoning behind the terms of the Will.
How long do you have to contest a Will?
Limitation for challenging the validity of a Will is 12 years. However, it is of course beneficial to act sooner rather than later. As more time passes, the estate monies will have been distributed and possibly spent by existing beneficiaries, making recovery difficult
As for claims for reasonable financial provision from an estate, in the UK, you have six months from the date of the grant of probate to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
How much does it cost to contest a Will?
The cost of contesting a Will can vary widely, depending on the complexity of the case and legal fees. Costs can range from a few thousand to tens of thousands of pounds.
On what grounds can you contest a Will?
You can contest a Will on grounds such as lack of testamentary capacity, lack of due knowledge and understanding, undue influence, fraud, or improper execution. Additionally, if the Will does not provide reasonable financial provision for dependants, a claim can be made under the Inheritance (Provision for Family and Dependants) Act 1975.
When can you contest a Will?
You can contest a Will after the testator’s death. Immediate action is recommended to ensure you meet the deadlines and have ample time to gather evidence and prepare your case effectively.
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