By David Patterson, Partner and Head of Contentious Probate, Goughs Solicitors
At Goughs Solicitors, David Patterson, Partner and Head of Contentious Probate, advises clients involved in disputes over wills and estates, helping people understand whether they have grounds to contest a will and supporting them through what can be an emotional legal process.
“Many people simply don’t know whether they can challenge a will,” says David. “When someone has lost a loved one, it can be difficult to know where to start. The first step is understanding whether there are legal grounds to bring a claim.”
There are several reasons why a will may be challenged. These include concerns that the person making the will lacked mental capacity, that it wasn’t signed or witnessed correctly, or that they were subjected to undue influence or duress. Other grounds include fraud or forgery, or where the wording of the will is unclear and does not accurately reflect the testator’s intentions.
Not every dispute centres on the validity of the will itself.
“Sometimes people come to us because they feel they have been unfairly left out,” David explains. “If someone was financially dependent on the deceased, they may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.”
Although anyone can contest a will if they believe it is invalid, it is most often someone with an interest in the estate who expected to receive a gift or a larger share than they have been left.
Timing is another important factor.
“A will can’t be challenged while the testator is still alive because they may choose to change it,” says David. “If you’re worried about the circumstances in which a will has been prepared, it’s best to raise those concerns with the testator while they’re still able to discuss them.”
Once the testator has died, it is important not to delay seeking advice.
“A claim for reasonable financial provision under the 1975 Act must usually be made within six months of the Grant of Probate being issued,” David says. “Although there isn’t a time limit for challenging the validity of a will, acting quickly helps protect evidence and can avoid complications if the estate has already been distributed.”
Where there are grounds to challenge a will, a solicitor may submit an application to the Probate Registry known as a caveat. If it is entered before a Grant of Probate has been issued, it prevents the grant from being issued and temporarily pauses the administration of the estate. A caveat usually lasts for six months.
While some disputes do end up in court, that isn’t always the outcome.
“Many cases can be resolved through mediation or another form of alternative dispute resolution,” David says. “Whatever the circumstances, we always encourage people to seek legal advice as early as possible so they understand their options and the likelihood of a successful claim.”
For more information and help, contact David Patterson at Goughs Solicitors.
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