Contesting a Will

Unfortunately contesting a will and dispute surrounding finances is not an uncommon occurrence when a friend or family member passes away, particularly with personal wealth increasing and family relationships are no longer as straightforward as they perhaps once were. More and more people are looking into contesting a will, with many not even sure how to contest a will when they need to.

A will can be contested for a number of different reasons, with disputes arising over how the will was formed, the structure of the will or trust, the administration of the will or personal disputes that occur between the people involved, that being the executors, the trustees and the beneficiaries.

Unsurprisingly, when these disputes arise, they can have a great strain on executors and the beneficiaries as they not only disrupt the process but also bring with them, the cost of contesting a will. With a time limit to contesting a will being in place, Spratt Endicott can not only provide information about how to contest a will but can also provide swift, well thought out solutions for when these disputes do occur.

As mentioned previously, contesting a will can come in a number of different forms. The most common ways in which to contest a will are dealt with by Spratt Endicott in a proactive manner. They are as follows:

  • Bringing and defending claims in line with the inheritance act (provision for family and dependents act) 1975.
  • General disagreements between beneficiaries, executors and trustees regarding the will
  • A dispute claiming that a will was written in a negligent way or that estate/trust was administrated incorrectly.
  • Requests to rectify a will
  • Applications to remove trustees from the will altogether
  • Both defending and challenging the ownership of property when the correct formalities have not been followed.

Cost of Contesting a will

The cost of contesting a will is naturally a big concern for clients, but at Spratt Endicott we offer competitive fees for all of our services, meaning that you won’t pay over the odds for contesting a will. With every circumstance being unique, it can’t be determined straight away, how much an individual case will cost, but Spratt Endicott will work their hardest to see that you achieve justice at a cost that works for you.

In some cases, contesting a will is fundable by your home insurance policy. Due to their experience with contesting a will, Spratt Endicott will be able to liaise directly with home insurers to find out whether or not you are eligible for funding.

Timing

If you are contesting a will under the Inheritance Act then the time limit to contest a will sits currently at six months. The time limit to contest a will means that you should seek legal help to ensure that your dispute is resolved within the strict time frame. Delays may prevent you getting the result you are entitled to.

Getting in touch

For more information on our Contentious Probate and Trust Disputes service, please contact Lucy Gordon on 01295 204045 or email lgordon@se-law.co.uk.