Need to dispute a will but don’t know where to start?
Disputing a will, or contentious probate, as it is known here in the legal world, is a dispute relating to the distribution of a person’s estate when they have passed.
There are lots of reasons for wanting to contest a will. You may feel that you have been wrongly left out of a will, you may not have been left what you felt you deserved or what you were promised. You may even have concerns about the way the will was made in the first place and believe it is invalid.
Whatever the situation, we have the advice that you need.
Firstly, to make a claim you must be:
- A former spouse of the person who has passed away (only if you have not remarried)
- A spouse of the person who has passed away
- A partner who has lived with the deceased for at least 2 years immediately before death
- A child of the person who has died
- A person who was treated as a child of the family by the person who has died.
- Someone who was supported financially by the person who has died.
The grounds for making a claim are:
- Mistake of fact, by the solicitor, who originally did the will
- The person who passed away lacked mental capacity when the will was made
- The will was made under undue influence
- The will was not executed correctly
- You feel that you were unfairly treated, not left enough, or left out of the will
If any of the above apply to the situation you are in, you may be able to make a claim.
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Any claim made to dispute a will must be done within 6 months of the grant of probate, or the letters of administration, if the deceased didn’t make a will.
Our litigation team are on hand to let you know the options available for making a claim and the steps you need to take.
Call us now on 0345 1228100 or fill out our contact form and we’ll call you!