The UK’s Trusted Probate Specialists
The starting point whenever we speak to prospective clients is to establish the facts, in other words exactly what does the will say, and also obtain a copy of the probate, which will carry the date of when probate is actually issued. The government has a website, whereby you can search against the deceased persons name and date of birth, to see if probate has been issued, if so these documents must be ordered straightaway. The wills site can be found here
Once a copy of the will and probate, we are then in a position to advise on what maybe the time limit to which the claim against the estate may apply. The shortest time limit, is just 6 months from the date of when probate is issued, this is for claims made under the Inheritance Act, this type of claim is when you have been financially maintained by the deceased or it can be shown that due to your financial circumstances or a disability, provision should have been left for you under the will. You can read more about claims under the Inheritance Act here
If you are unhappy with a will, because you believe that the decease lacked capacity or the ability to make a will, then technically you have 12 years to make a claim, however claims should be made immediately as once probate has been issued and the estate distributed it is clearly far harder to contest a will.
If probate has not been issued then depending upon the type of dispute, a caveat maybe issued against the estate. this is a legal procedure that stops the court from issuing probate, and can be useful in ensuring a copy of a will is released and investigations undertaken regarding the legitimacy of a will.
Unsure about whether you have a claim ? please call Tim Murden on 01482 429985 who heads our will dispute team or e-mail Tim direct at tim.murden@tmsolicitors.co.uk
