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How successful is contesting a will UK?

Leia Doyle

How successful is contesting a will UK?

If the matter proceeds to a final trial, costs can increase to amounts over £100,000. The most expensive part of any litigation is the trial. However, to put the above into perspective, approximately 50% of cases settle before proceedings are issued, and only around 2% of cases proceed to a final trial.

Who pays legal costs when contesting a will?

The answer to this question depends on the circumstances of each Will Challenge case. The general rule in Court proceedings is that the unsuccessful party must pay their own legal costs as well as the legal costs of the successful party.

How successful is it to contest a will?

However, according to legal experts, contesting wills on the grounds of ‘undue influence’ is difficult and petitioners are often unsuccessful. This is where a clerical error was made in the drafting of the will or the person drafting it failed properly to reflect the intentions of the testator.

Is it hard to contest a will?

It is typically very difficult to challenge a will. Approximately 99 percent of wills pass through probate without issue. Wills are seen by the courts as the voice of the testator, the person who wrote the will. If you challenge a will and are successful, it can be voided in its entirety or just in part.

On what grounds can someone contest a will?

The main grounds to contest a will are:

  • Lack of testamentary capacity (the mental capacity needed to make a valid will)
  • Lack of due execution (a failure to meet the necessary formalities i.e. for the will to be in writing, signed and witnessed correctly)

How long do you get to contest a will?

If you are unhappy with a will, it is absolutely critical that you immediately seek legal help, as the time limits on contesting a will can be as little as just six months from the date of the grant of probate or letters of administration been issued.

What evidence is needed to contest a Will?

When disputing a will, the standard of proof needed usually is on the balance of probabilities, i.e. if you can prove your case 50.1% you will win the case. However, as forgery is a form of fraud, a higher level of proof will be required, and therefore, such an action should not be commenced without strong evidence.

Can you contest a Will 10 years later?

When it comes to challenging wills, the statute of limitations ensures that someone does not try to claim property years after it has been distributed among the beneficiaries. After this period, you usually cannot challenge the will or try to claim any portion of the deceased’s assets.

How long has someone got to contest a will?

Inheritance act – Six months from the issue of the grant of probate. Claim for maintenance – Six months from the issue of the grant of probate. Beneficiary making claim against the will – 12 years from date of death. Fraud – No time limit.