Generally, there are 5 grounds for contesting a persons will
- The deceased lacked the requisite mental capacity at the time of signing the will
- The deceased did not properly understand or approve the content of the will
- Undue influence was exerted on the deceased
- The will was forged
- The will does not reflect the wishes of the deceased due to a clerical error or misunderstanding as to the deceased’s intentions
There are differing time frames by which you must start an action against the estate of the deceased. If you think that any of the above grounds for contesting a will apply it is advisable that you take advice as soon as possible and ideally before any of the deceased estate has been administered and distributed.
If you are contemplating contesting a will please do not hesitate to get in touch with our probate department by emailing firstname.lastname@example.org or calling us on 020 3440 8000.
Frequently Asked Questions
Can I see the Will?
If you are a beneficiary you are entitled to see a copy of the Will and in some cases it will become a public document which means anyone can purchase a copy for a fee.
Should I lodge a caveat?
Not unless there is a dispute in relation to who should administer the estate. If you are not entitled to administer the estate either because you are not an appointed Executor in the Will or because you are not entitled under the rules of intestacy or otherwise entitled to apply for a grant you should not lodge a caveat.
Who can challenge an Executor or Administrator?
Another Executor, Administrator or a beneficiary of the estate or someone acting on their behalf.