If you’re looking to contest a will, then chances are you feel that you or a loved one have been affected by the mismanagement of estate distribution. Truthfully, there could be a few reasons as to why you wish to contest a will, which this article will go over and help explain the process.
Reasons For Contesting A Will
To contest a will, you will need to have a valid reason to do so. The most common reason that overhauls the rest, is that you don’t believe the deceased final wishes and wants has been reflected in the will and estate. So if you suspect this, you can challenge the validity through a legal process.
You should not do this alone, however, and instead, plead your case to an appropriate legal team so that they can analyse how strong your case is. From there, they will be able to establish the will itself and make claims on your behalf.
The Grounds For Contesting A Will
There will be a few different reasons for one to challenge and contest the validity of a will. This could include the actual will creator themselves, and about if they had the right knowledge for what they were creating, as well as if they were mentally sound to do so.
You may feel as if the will has been poorly managed and executed, from the person drafting the legal proceedings to clerical errors in general. You may also suspect the will itself has been altered in some way not according to the wishes of the deceased, or even illegally.
There could be mental factors to consider too. Vulnerable people can sometimes be made or pressured to sign wills on terms that would not be something they would agree to otherwise, so if you suspect something like this has happened, then you should consider contesting the will.
Who Can Challenge A Will?
To qualify as someone who wants to challenge a will, an individual will need to have some vested interest in the process. In most cases, this will be a direct family member such as a child or spouse of the deceased. It could also include those who have been mentioned in the will, or the old will before the revamped one.
It is also possible in some cases for an individual to contest a will on behalf of someone else. It will, however, depend on the actual individual circumstance of the case. In times such as this, it may be best to speak to a legal expert beforehand to find how strong your case will be for who you’re looking to assist.
However you decide to proceed with a will challenge, you must do so in the best mental capacity that you can. Losing a loved one and caring for those around them can be difficult and put pressure on you. Consider speaking to a therapist or researching how to cope with grief and loss effectively, so that you remain as strong as possible.
The Process Itself
If you find that you do qualify to contest a will, then you can start the process. The first thing you will need to do is seek legal advice from a solicitor or a qualified family lawyer. They can help you in drafting up a claim and processing it, which will lead to a probate process.
This claim will be prepared and sent off to the Probate Registry office. Your team of lawyers will be on your side working to halt the distribution of the estate so that you can be heard. It’s important to note that you don’t need to be a legal expert to do any of this, that’s why the lawyers are here.
This whole process of sending the claim and halting the process is known as a caveat. In general, this caveat will stand for about six months, but another application can be used to expand this. From here, you and your team will work to resolve the dispute.
The most ideal situation is to resolve this issue before it gets to the courts, which is the case for most people. However, be prepared for court if both parties cannot reach an agreement. The process of trying to reach an agreement could be conducted through mediation or another form of dispute resolution.
You will likely have quite a few choices when it comes to a solicitor. You must work with one that specialises in will contesting and probation. Hugh James are one such group of lawyers who understanding that contesting a will can be stressful, and are there to provide expert help via constant communication and knowledge to serve your purposes.
What You Need To Know About Time
When you are looking to contest a will, you must do so as soon as possible. That’s because you will need to work as soon as possible to bring the claim, as a time limit may then be applied to your claim.
For example, if you are looking to contest the validity of a will then there will largely be no strict time limit applied to do so. With that said, you will still need to work with your lawyers as soon as possible as claims can become more difficult to sort and process if any estate assets have already been distributed to other members of the will.
It will be a slightly different story for inheritance claims. If you are claiming for reasonable financial provision then a timescale of around six months will be put in from the time that the probate has been issued.
For rectification of wills, it will again be a six-month timetable to issues your claim. If in doubt about what your concern is about the legality of a will, speak to your lawyer for expert personal opinion.
Potential Costs Involved
You can’t look at contesting a will and looking into legal services without first considering the costs involved in the process. It’s something that often you don’t want to think about or focus too heavily on, especially following the death of a loved one.
Some claims can be a long process due to the amount of work involved, with the chance of costs going up over time. Even with a strong case, there could be costs involved, with further costs coming your way if your claim ends up being unsuccessful.
That’s why some legal providers will work with a no win no fee promise. This essentially means that you won’t have to pay if they take your case and fail to bring you success. Instead, if you win, you will have to cover some fees as a reward or payment.
The true hidden cost associated with will contesting is the cost you pay overtime from not taking a legal expert to help fight your battles. The longer you ignore an issue that is important to you, the longer it could cost you in the long term.
Wills And Probate
Whilst the process of conducting probate for your claim comes with strict deadlines, it may still be possible for you and your lawyer to contest a will after probate. With that said, it does become trickier to do so, costing more money and taking more time too.
