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Contesting Probate.

Many of us would hate to see our loved ones in dispute over our estate because we have failed to make a will, the figures show that thousands of us fail to make provision for our death, in this event, the crown will make the decision of how the estate is to be divided up amongst the surviving relations.

In most cases this works, if you leave a spouse for example, but in the more complex cases it can result in litigation between those entitled to a proportion of your estate, but feel that proportion is not as it should be, which can lead to a great deal of animosity.

The situation can become increasingly muddied if the deceased has additional families having remarried.

This is a strong case for making a will and making it clear what happens in the event of your death.

But the truth is many people legitimately contest a will, a will can be contested in a number of situations

These are-

You can contest the will if you believe that there were suspicious circumstances in approving the will, this also includes any influence exerted on the deceased.

A will must be valid.

It must be in writing and must have been intended to act as the deceased persons will.

The deceased must have been capable - which means that they must have known what they were signing, and what they were disposing of.

The document must be signed and witnessed by two persons.

If the will is believed to be a forgery.

Contesting an estate where there is no will.

In the event that there is no will, the rules of intestate come in to play and the assets will be distributed in accordance with the appropriate formula, but you may feel you have a claim against the estate in which case you will need to submit an application to the court, and the judge will asses if you have a valid claim.

Under the rules a number of people cannot inherit from an estate, if for example you have lived together as a same sex couple but not in a civil relationship you may feel that you have a claim on the estate or if you are a relation by marriage.

There are many situations you may feel you have a claim on an estate and we would recommend you contact a probate solicitor for advice.

On a similar note, if you feel the rules that set out the division of an estate are unfair this can also be challenged through the courts.

Solicitors offering this service normally offer different funding options including no win no fee, whatever the funding arrangements we would recommend that you contact more than one firm to discuss your situation.

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