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Losing a loved one is never easy, and the situation can become even more challenging when disputes arise over the deceased's estate. Contentious probate refers to the legal process that occurs when there are disagreements about how a deceased person’s estate is handled.
At Justizia, we aim to simplify legal processes and claims for everyone to understand, and contentious probate is no different. That’s why we’ve answered some of your most frequently asked questions on the topic. Whether you’re considering contesting a will or just wondering what on earth contentious probate is, this guide will clear up any questions or doubts you have.
How Do I Find a Will?
Finding a will is crucial if you need to understand or contest what’s inside it. If probate has been granted, the process is straightforward. Once probate is granted, the will becomes a public document. You can obtain a copy of the will and the Grant of Probate by completing the Probate Service’s online form here. Alternatively, you can print and send the form by post, though this usually takes longer.
A nominal fee is charged by the Probate Service for this service. If probate hasn’t been granted, access to the will is restricted unless you are the executor. In these cases, you might find the will at the deceased’s home, or with their bank or solicitor. If not, the National Will Register might have a copy.
If all these efforts prove unsuccessful, you can apply for a “standing search” with the Probate Registry. This search lasts six months, and if probate is granted within that period, you will receive a copy of the will and the grant. You can apply for a standing search online.
Who Can Contest a Will?
Not everyone can contest a will. Generally, inheritance disputes can be initiated by:
- Family members of the deceased.
- Individuals who were financially dependent on the deceased.
- Those who were promised an inheritance.
- People who feel they were unfairly left out or disinherited.
- Beneficiaries named in the will.
You do not have to wait for probate to be granted to challenge a will.
Can I Contest a Will Without a Solicitor?
While it’s possible to contest a will without a solicitor, it’s not usually recommended. The legal rules surrounding will disputes are complex, and court procedures must be followed carefully. Mistakes can be costly, and losing a case could lead to substantial expenses. While you can represent yourself, engaging a solicitor can significantly increase your chances of a successful outcome.
On What Grounds Can You Contest a Will?
There are several grounds on which you can challenge a will, including:
- Seeking reasonable financial maintenance from the deceased’s estate.
- The deceased failing to fulfil a promise to you or someone else.
- Suspicions that the will is invalid due to testamentary incapacity, undue influence, non-compliance with legal requirements, or being forged.
- Withheld entitlements.
Each ground has specific legal nuances, making professional advice highly beneficial.
How Long Do I Have to Contest a Will?
Time is of the essence when it comes to contesting a will. Strict time limits apply, often as short as six months from the grant of probate. Delaying can prevent you from pursuing a claim altogether. If you believe you have grounds to contest a will, seek legal advice promptly to ensure you don’t miss critical deadlines.
How Much Does It Cost to Contest a Will?
Contesting a will can be an expensive endeavour. Fees can be substantial, particularly if the case goes to trial. Legal Aid is typically unavailable for most will disputes. Which is why we offer our services on a ‘No Win, No Fee’ arrangement, allowing you to pursue a claim without emptying your pockets.
How Long Does Contesting a Will Take?
The duration of will disputes varies. If the case goes to trial, it could take 12 months or longer. However, many disputes are resolved sooner through negotiation or mediation, which is an alternative to court proceedings.
Can a Will Be Overturned After Probate?
Yes, a will can be overturned after probate. However, the time limits for challenging a will remain strict, so it's important you act quickly.
Contentious probate can be a complex and emotionally charged process. Understanding your rights and the steps involved is crucial if you find yourself in a dispute over a will. Whether it’s finding a will, understanding who can contest it, or knowing the grounds for a challenge, this guide aims to provide you with the essential information needed to navigate this difficult time.
Remember, while it’s possible to contest a will without a solicitor, seeking professional legal advice can greatly increase your chances of success. Time limits are strict, and can be as short as six months, so act quickly to ensure your claims are heard! If you have any doubts or need assistance, check out our contentious probate page here, fill out the form, and our team will evaluate whether you have a claim on a ‘No Win, No Fee’ basis. Our team, at no upfront cost, will guide you through the process and help you achieve a fair resolution.
This content is for informational purposes only and does not constitute legal, financial or professional advice. The information provided is of a general nature and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances and is not intended to be relied upon by you in making (or refraining from making) any specific decisions.
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