Navigating Will Disputes: A Comprehensive Guide to Challenging a Will
Will Disputes on the Rise in the Wake of the Pandemic
In the aftermath of the global pandemic, the legal landscape surrounding wills has seen a notable increase in disputes. The challenges of the pandemic era, including restrictions on face-to-face meetings and a surge in the creation of homemade wills, have contributed to a rise in contentious probate cases. However, it’s important to note that the majority of these disputes can be resolved without resorting to costly and time-consuming court proceedings, with mediation offering a viable alternative.
Disputing a will is not only legally intricate but can also be an emotionally taxing process. For those who believe a will may not be valid, there are avenues available to explore the circumstances under which the will was drafted and executed, ensuring that the true intentions of the deceased are honored.
Common Grounds for Challenging a Will
A will may be contested for several reasons, including but not limited to:
- Improper execution
- Lack of testamentary capacity
- The testator’s unawareness or disapproval of the will’s contents
- Undue influence
- Fraud or forgery
- Fraudulent calumny, which involves maligning a potential beneficiary to the testator
Who is Eligible to Contest a Will?
Essentially, anyone with a vested interest in the estate, who harbors concerns over the will’s validity, is entitled to challenge it. This typically includes beneficiaries and close relatives of the deceased.
The Process of Contesting a Will
The initial step in challenging a will involves seeking expert legal advice to ascertain the viability of a claim. Experienced solicitors can guide you through the process, beginning with the submission of a Caveat to the Probate Registry. This action temporarily halts the issuance of a Grant of Probate for the disputed will, allowing time for further investigation.
Understanding the Caveat
Entering a Caveat is a crucial early move for those contesting a will’s validity. It prevents the immediate granting of probate, providing a window to contest the will’s legitimacy. A Caveat remains effective for six months, with the option for extension.
To lodge a Caveat, an application must be submitted to the Probate Registry, a process that can now be completed online for a nominal fee.
Appropriate Circumstances for a Caveat
A Caveat is particularly useful in situations where:
- The will’s validity is in question
- There’s a dispute over the appointment of personal representatives
- A citation needs to be issued
However, it’s not suitable for those intending to make a claim under the Inheritance (Provision for Family & Dependants) Act 1975.
Removal of a Caveat
The individual who registered the Caveat has the power to withdraw it at any time. Conversely, if an executor deems the Caveat to be baseless, they can initiate its removal by issuing a ‘Warning’ through the Probate Registry. This sets off a process that may eventually require court intervention to resolve.
Collecting evidence is a critical step in supporting your claim, which might encompass medical records, the will drafter’s notes, witness statements, and possibly expert testimony.
Why Seek Professional Guidance?
Contesting a will can be a daunting and emotionally charged process. Professional solicitors specializing in contentious probate matters offer invaluable support, simplifying the process with clear communication and leveraging their extensive experience to achieve favorable outcomes.
For those facing the challenge of a disputed will, it’s crucial to engage with specialists who can navigate the complexities of probate law, ensuring your rights and interests are effectively represented.
