The UK’s Trusted Probate Specialists
Obtaining a Copy of a will
Firstly, it is important to get hold of the will. Without this it is difficult for anyone to advise you properly. If you do not want to ask for a copy of the will due to family circumstances etc, then get a solicitor to act for you promptly. Typically if a will is not properly disclosed then a caveat can be issued against an estate, this will stop probate from being and is often sufficient to get hold of a copy of a will.
Do You have Grounds to Contest a Will ?
Once the will is obtained an investigation can be undertaken as regards the will itself and whether there are any grounds to contest a will. Typically the most common ways to contest a will are :-
- Due to a lack of capacity of the person making the will ( known as lack of testamentary capacity )
- Undue influence when the will was made
- Lack of want and knowledge and approval
- Forgery or Fraud
- Broken promise ( known as promissory estoppel claims )
- Claims for Financial maintenance under the Inheritance ( Provision for Family and Dependants ) Act 1975
- Claims by beneficiaries
Advise on how to contest a will itself is discussed in more detail, on this page, and very often the key basis of contesting a will by most children of the deceased, is under the Inheritance Act 1975, when a claim can be made for reasonable financial maintenance.
When considering any claim, the court applies a twofold test, first it would determine the reasonableness of the provision that has been made by the deceased ( if at all), and then it must determine the extent to which it should exercise its powers under the Act if it is satisfied that reasonable financial provision in considering this test.
In summary, the Court has a wide discretion to award sums which it considers to be fair and reasonable having regard to all the factors in each case. The Act lists a series of matters which it must have regard to including the age of the parties, financial needs,the size of the estate, moral reasons as well as any disabilities of the parties.
If you have been left out of a will by a parent, we can help. Please call Tim Murden, a solicitor experienced in will disputes on 01482 429985 or via e-mail at tim.murden@tmsolicitors.co.uk, we also offer a free contesting a will guide.
