How to contest a Will
When someone dies they may not adequately provide for those they leave behind. In such circumstances the Inheritance (Provision for Family and Dependants) Act 1975 may allow a person to contest a Will so that it can be changed to allow for reasonable financial provision.
When considering a contested Will the Court will consider the following:
- The applicant’s financial position both now and in the future;
- The likely financial position any other applicant is to have in the future;
- The financial position of any person who is currently due to inherit or is likely to inherit in the future;
- Any obligations or responsibilities which the deceased had towards an applicant or towards someone due to inherit from the estate; and
- The size and nature of the deceased person’s estate
If you wish to contest a Will, swift action is required as an application to the Court has to be made within six months (that is issued in court) of the Grant of Representation; normally the Grant of Probate.
Is a Will Valid?
Another common Will dispute that can arise is whether or not a Will is valid. Sometimes it is alleged that a Will being relied upon has been forged or isn’t the last Will made. Searches for the true Will will then almost certainly need to be made. Willfinda.co.uk is a very useful online tool for registering Wills and searching for missing ones.