Challenging a Will

Challenging a Will cannot be done while the maker of the Will is still alive.  Until the person dies they can change their Will at any time and therefore litigation is regarded as pointless.

Once a person dies it is important that any challenge to a Will is brought promptly, if there is to be one.  If a challenge is brought after a Grant has been made then the assets of the estate may already have been distributed, which can complicate matters.

A challenge to a Will must be brought in either the Chancery Division of the High Court or (for lower value estates) in a County Court with chancery jurisdiction.  This is referred to in legal circles as contentious probate.

A challenge can be brought on which Will is valid (if there is more than one), whether the Will is valid in itself (usually a dispute over whether it was properly executed or whether the maker had the mental capacity to make the Will), who is entitled to a grant or how the estate should be distributed.  Before proceedings are commenced it is necessary to obtain a minute of the value of the estate from the Principal Registry of the Family Division of the High Court and once the claim is issued notice must also be given to them to prevent the issue of a grant until proceedings have been concluded.

The costs of a challenge are always at the discretion of the Court. and usually follow the event.  This means that the "winner" usually recovers their legal costs from the "loser".  However, any legal costs incurred by an executor will normally come out of the estate unless they are regarded as acting unreasonably.

Such claims can be complicated and are regularly disputed.  You need to take proper legal advice if you wish to bring a claim.  Contact the real experts on (01296) 662770.

We are here to help 24 hours a day 365 days a year.  Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.