Can you challenge a will?
Can you challenge a will?
Can a will be contested? Yes, although the person contesting the will must be a spouse, child, cohabitee or a person who is expressly mentioned in the will, or a previous will. The person must also ensure they have valid legal grounds to contest a last will and testament successfully.
What are the grounds for challenging a will?
When you challenge a will you are challenging the validity of the Will itself. A challenge to a Will is often for these main reasons: undue influence, fraud, forgery, or lack of mental capacity (referred to as testamentary capacity).
Can an executor of a will challenge the will?
The short answer is yes and they often do.
Is there a time limit to challenge a will?
It is possible to contest a will after a grant of probate has been obtained in the estate. If you are making a claim under the Inheritance Act for reasonable financial provision then you have 6 months from the date of the grant of probate to bring a claim.
Is there a time limit for challenging a will?
The time limit in which to bring a will challenge can vary. In any case it is best to seek advice at the earliest opportunity. It is possible to contest a will after a grant of probate has been obtained in the estate. A claim to rectify a will must be made within 6 months of the grant of probate.
Who pays when you contest a will?
If the executors of a deceased Estate do not agree to pay your legal fees for contesting a Will, you may need to apply to the Court for costs to be paid. If you are unsuccessful in challenging a Will, the Court may order that you pay the costs of the deceased Estate.
Is it expensive to challenge a will?
It is well known that any litigation is expensive and contesting a will is no different. Inheritance claims are a form of hostile litigation and the two general rules apply, namely: costs are in the discretion of the court; and. the losing party may be ordered to pay the winning parties costs.
Who pays if you contest a will?