Having a relative, family member or friend pass away is an upsetting event any person can go through. What can be worse is seeing that the person’s wishes aren’t carried out properly. Contesting a will is all about making sure that doesn’t happen.
So, who’s able to contest a will?
Any family member who feels like they should have benefited from the will – but it also includes any people who the deceased would have considered family or who was benefiting financially from the deceased. Such as very close friends or extended family.
There are several grounds for contesting a will. These include:
Contesting a will is not easy unless you have clear proof and evidence. However, your solicitor will help you get through the initial process to find out whether or not your case will be accepted. If we feel that your case is justifiable, we will write a letter to your opponent voicing your concerns and the legal justifications for them. Offering a clear solution is a good idea, before taking anything to court. The letter will most likely lead to a mediation session in order to bring the contest to a resolution.
As soon as you have concerns you should seek legal advice as to put in a caveat – a caveat prevents people from the assets being distribution because of a pending contest.
The caveat will last 6 months, however, it can also be reversed by the opposition. Legal teams would try and help to reach a solution through mediation before that time.
If you want to contest a will, or would like to seek legal advice, speak to our team: 0116 2999 199