Top Tips for Challenging a Will

If you are deciding whether or not to contest a Will, there are certain practical steps and tips you can consider beforehand.

Before commencing any challenge to a deceased’s Will or intestacy, consideration should be given to the status of their assets and liabilities.

It is rare for an estate to be straightforward, and increasingly common for practical issues to be overlooked.

The most important step is to establish whether a Grant of Probate or Letters of Administration has been obtained.

A Grant will appear on the probate government website known as probatesearch.service.gov.uk and should be obtained.

There are various types of Grants, and advice should be obtained as to their correct meaning.

Understanding the executors or administrators (known as the personal representatives) of the estate is crucial, along with their intentions with respect to the Will and estate administration.

If a dispute is contemplated, early communication and cooperation can greatly assist and save costs.

In the early stages of investigating a claim, it will be important to ensure that an executor does not obtain a Grant of Probate.

A Grant will enable an executor to distribute an estate - not what you want when trying to investigate a challenge!

To help, you can apply to the Probate Registry for a caveat to be entered against the deceased's name. A caveat can be used to notify the Probate Registry that you have concerns about the validity of a Will.

This can be dealt with online through the Probate Registry website. The application can be made instantly and will "block" any Grant application that is subsequently made.

A caveat application can be made without notifying anyone, which can be helpful if family tensions exist. However, you need to have what is known as an "interest" in the deceased's estate for it to be effective.

A solicitor can discuss this with you as well as submitting an application on your behalf. A successful application will last six months, after which it can be renewed.

Lodging a caveat will be essential if you are considering a challenge to the validity of a deceased Will. It can bring the Grant application to a halt and ensure the preservation of the estate assets in the meantime.

Acting quickly is essential for other reasons. This is because different time limits apply to certain claims. It is important to ensure that you act quickly and contact a solicitor if you think you may have sufficient grounds to claim.

Notable time limits are:

• Inheritance Act claim: 6 months from the date of Grant.
• Rectification claims: 6 months from the date of Grant.
• Validity of Will claims: No specific time limit, but advise above as soon as possible.
• Claim based upon a deed: 12 years

Probate claims are complex, and aside from navigating the law and legal procedure, they often arise at a highly emotional time when feelings of loss and grief are at their foremost.

Incurring legal costs at this time adds another concern, so it is important to explore funding options to assist you in bringing a claim and what this means for you.

Most contentious probate claims can be resolved before costs escalate or claims reach trial.

Finding a solicitor that can discuss this with you, guide you and give clear and transparent information about costs is essential.

At Myerson, we have various pricing options that we can discuss with you – these can be tailored to your matter and could include a fixed fee, No win, No Fee, Deferred Fee or hourly rate.

Our highly experienced team assesses each matter individually and is regularly updated according to any change in your case or personal circumstances.