Contesting a Will in England
Contesting a will is a serious matter and should not be taken lightly. It is important to understand the grounds on which a will can be contested and the procedures that need to be followed.
Grounds for Contesting a Will
A will can be contested on the following grounds:
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Invalidity: The will may be invalid if it was not properly made or if it was revoked by the testator before their death.
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Undue influence: If the testator was unduly influenced by another person when making the will, the will may be invalid.
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Fraud: If the will was fraudulently made, it may be invalid.
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Lack of capacity: If the testator did not have the mental capacity to make a will, the will may be invalid.
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Lack of knowledge and approval: If the testator did not know and approve the contents of the will, it may be invalid.
Procedure for Contesting a Will
If you believe that a will is invalid, you should seek legal advice from an expert. They will advise you on the grounds on which the will can be contested and the procedures that need to be followed.
The first step in contesting a will is to file a caveat with the Probate Registry. A caveat is a notice that you intend to challenge the validity of a will. Once a caveat has been filed, the Probate Registry will not grant probate to the will until the caveat has been withdrawn or dismissed.
If the caveat is not withdrawn or dismissed, the next step is to file an application to the court for a grant of probate to be revoked. The application will need to be supported by evidence that the will is invalid.
The court will then hear the application and decide whether to grant probate to the will or to revoke it. If the court revokes the will, the estate will be distributed in accordance with the laws of intestacy.
Costs of Contesting a Will
The costs of contesting a will can be high. If you are successful in challenging the will, you may be able to recover your costs from the estate. However, if you are unsuccessful, you may be liable for the costs of the other party.
Conclusion
Contesting a will is a serious matter and should not be taken lightly. It is important to understand the grounds on which a will can be contested and the procedures that need to be followed. If you believe that a will is invalid, you should seek legal advice from an expert.
For advice on challenging a will, or any other area of contested probate, contact clerks@anvilchambers.co.uk