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C

Contested Probate

Can I Contest a Will?

Contested probate is on the increase. Time may be of the essence when making such a claim as specific timescales are stipulated for specific types of claim. At JPC Law we have extensive experience of both litigation and wills and probate placing us in an ideal situation to assist with such matters.

The following are the main grounds for contested probate as a start point; however, it is probably best to email us with a brief outline of your own situation and a contact number if you feel you may have a case.

  1. Claims for financial maintenance. These types of claims can be made against the estate if it can be shown that the person making the claim was financially dependent upon the deceased before he or she died. The time limit to make a claim is very limited (6 months from the date of the Grant of Probate) while to claim you must fall into one of the categories of Claimant listed under the Inheritance Act.
  2. Undue Influence. These types of claims arise when the testator (the person making the will ) is pressurised to make or alter their will, while fraud wills can arise when signatures are altered or forged or where wills are destroyed
  3. Lack of Capacity to Make a Will. The person making the will must have understood the nature of actually making the will, the extent of the property which he/she was disposing of and the claims to which he/she ought to give effect to. If these terms have not been met there may be a case for a claim. These principals where established in a very old case called Banks –v- Goodfellow. Will disputes are common when the person making the will ( known as testator ) may have been suffering from Alzheimer's disease or other forms of dementia.

There may also be a case for a claim if an executor has acted improperly.

What should I do first?

The first step is to obtain a copy of the will and then contact us on enquiries@jpclaw.co.uk

Contested Probate department