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Contesting a Will
Anyone can distribute their estate as they choose in their Will. However sometimes a Will can be challenged or contested. If you are concerned as to your proper entitlement, it’s best to seek professional legal advice to provide support and act on your behalf.
Speak to Ridley & Hall today to find out how we can help you challenge a Will on 0843 289 4640 or send a free enquiry.
How do I contest a Will?
If you don’t already have a copy of the Will you can obtain one from a Probate Registry Office by filling in a standing search form and paying a small fee. If no one has applied for a Grant of Probate, then the Will won’t be available. The standing search lasts up to six months so if, during this time, a Grant is taken out you will be sent a copy of it along with the Will.
Once you have seen the Will and believe that some of the terms are unfair or not valid, contact our dedicated team of solicitors. They will explain the law and highlight the pros and cons of litigation to make sure you understand the strength of your case right from the beginning.
The first step is to get hold a copy of the Will file. If the Will was prepared by a solicitor there should be a file containing letters and attendance notes that could strengthen your case.
It is also vital to take statements from witnesses, to collate all relevant financial documents and sometimes to get hold of the deceased’s medical records, which is all evidence that you will need to rely on if the case goes to court.
Finally before the court proceedings begin you should ensure that you understand and accept the potential costs implications and have considered alternative dispute resolution (e.g. mediation).
Contentious Probate cases
In contentious probate cases you may wish to stop the executor from taking out a Grant – if the Will is not valid then a Grant should not be issued. We may advise you to act quickly at this time and take out a Caveat. The executor can then ‘call your bluff’ by filing a warning. If you wish to continue fighting your case, you will need to enter an Appearance to the warning. This stops a Grant being taken out and you can continue by either negotiating or issuing court proceedings.
How Ridley & Hall can help
Contesting a Will can often be a difficult and stressful process for all parties involved. Our dedicated and experienced team will handle your case with sensitivity and professionalism to ensure your challenge is handled effectively.
We offer an initial analysis of your case with options and recommendations before you decide to proceed to ensure you are fully aware of the financial costs. If you decide to take legal action we will assist you every step of the way and act on your behalf during court proceedings.
If you are concerned about your proper entitlement under a Will contact us today.
What our clients say:
My first meeting with Sarah Young was really great. She seemed to care about my situation and gave good advice on what we should expect throughout our case. My case has now come to an end thanks to Sarah. I would highly recommend her services to others in similar situations.
I have referred a number of contentious probate clients to Sarah and have found her to be professional, personable and extremely able. The clients in question have always been extremely satisfied with the work that Sarah has done for them. I would heartily recommend her to anyone seeking advice in this area.
I would like to say a sincere thank you so very much for all your help in my recent troubles… I would not and will not hesitate to use you again if it was needed. Once again thank you Sarah for everything, especially whilst I was dealing with the death of my mother at the time. It was a pleasure to have met you, and have your guidance. Thank you from the bottom of my heart.
The case concluded as hoped. I was at all times treated with courtesy, consideration and empathy by Sarah Young who was at all times professional yet approachable in all matters relating to a very complex case. I personally thank her on behalf of myself and children for the way she conducted my case which brought great relief and a most satisfactory conclusion and will help us move forward.