Contested Wills and Estates
Unfortunately, some Wills are found to be unenforceable because of the circumstances in which they were signed. This particularly applies with elderly people where it may not be clear that they understood what they were signing. It is also possible that they were under some kind of duress or have been deceived. In these circumstances the Courts may find that the Will is void and it should be set aside.
It is also possible to challenge a Will on the basis that it has not made adequate provision for somebody who should have been better provided for in the Will and /or that it is in breach of some agreement that the deceased made while he or she was still alive.
Click on the questions below to reveal the answer.
What happens if I am left out of the Will?
In many cases, if you are a spouse, child or grandchild of a deceased person or if you are in a relationship of dependency upon the deceased person, you may well have a claim for a provision from the estate of the deceased person, even if you have been left out of that deceased person’s Will.
In most cases, the estate would also pay all of your legal costs incurred in challenging a Will.
Even if you have been included in the Will in a small way, you may have a claim for an increased amount.
What is my risk in taking action to contest a Will … what costs might I incur?
By visiting Scammell & Co. to discuss possible action, we can give you a specific answer. The first half hour of your first meeting is free.
If it is decided to contest the Will, it is usual for the estate to pay the legal costs of each contesting party. This means the estate loses, not you. This is not automatic but is usual.
Is there a time limit for me to contest a Will?
The law specifies six months, from the date Probate is granted. However, it is sometimes possible to get an extension of time.