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How do I challenge/contest a Will?

02 August 2022

Emma Cornell

Dispute Resolution Solicitor, Emma Cornell answers 'how do I challenge/contest a Will?'

Firstly, you've got to act very quickly there are for some types of challenges, a very strict time limits in which to challenge a Will and if you miss the deadline you're then having to get permission of the court to bring the claim out of time. There is always a risk that the court does not grant you permission to do so.

I would always suggest that you seek legal advice at the first opportunity. When somebody dies it's quite easy for an Estate to be gathered in, distributed and the money then spent and very difficult to get the money back if you decide to challenge an estate. Therefore, you can enter a caveat with the probate registry which may stop a Grants of Probate or Letters of Administration which prevents some parts of estate being administered. But the best advice is to proceed swiftly.

Ways to challenge an estate

There are numerous ways to challenge an estate. The first is if there's a Will and you don't think the Will is valid. You can bring a claim if you think the Will hasn't made reasonable financial provision for you or if you've reached an agreement with the person that's died that now hasn't been honoured. But those time limits can be as small as six months from the date of the Grant of Probate and therefore you do need to act swiftly. Ideally you should obtain a copy of the will or the will preparation file so you can see exactly on what basis the will was prepared and then seek legal advice straight away thereafter.

Here is a video recorded by our Dispute Resolution Solicitor, Emma Cornell:

Here at Taylor Bracewell our Dispute Resolution team are always on hand for anyone considering or wanting to contest a Will. If you have any issues or queries you wish to speak to one of our experts about, don’t hesitate to contact them on 01302 341 414 or by filling out our online enquiry form!

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