Frequently Asked Questions
Private Client FAQs
Contesting a Will
How to Contest a Will
This can involve several steps including seeking legal advice from a solicitor who specialises in probte, will or inheritance act disputes. Once step can be to enter a caveat which can prevent the distribution of the estates assets.
Can you Contest a Will
You can legally contest a Will in the UK and there are various grounds for contesting a Will. We strongly advise that you seek legal advice. Some of the grounds include lack of testamentary capacity; lack of valid execution; lack of knowledge and approval; undue influence and fraud or forgery.
How long to Contest a Will?
In claims to challenge the validity of a will there is no time limit. However the longer the delay the more problems there will be in bringing a successful claim. In certain other probate actions (mainly those brought by beneficiaries) the time limit to bring a claim is 12 years. Claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 the time limit is 6 months from the date of the Grant of Probate or Grant of Letters of Administration (where thre is no will). The court does have power to extend this time limit and there must be a good reason for doing so.
How to challenge a Will
You can challenge a will by entering a caveat with the Probate Registry. This gives you 6 months to determine if your grounds could challenge a will. Taking advice from an experienced probate disputes solicitor is important.
How to Contest a Will without a Solicitor
Challenging a will can be a technical legal exercise with strict time limits so it is always advised to seek advice from an experienced probate dispute solicitor.
Inheritance Tax Planning
Who can claim under Inheritance Act 1975?
This act allows certain people to claim financial support from a deceased person's estate if the will does not make reasonable financial provision for them. These include wife/husband/civil partners; ex-wife/husband/civil partners; children; co-habiting partner; anyone treated as a child of the family and anyone who was financially maintained by the deceased.
How can we help?
Contact our Solicitors
Langley Wellington is a forward-thinking law firm acting for clients nationwide. Whatever your legal requirements, we are here to help.
Get in touch with our Solicitors today. Call one of our offices on the numbers provided below, or fill out our contact form here.Â
Gloucester Office: 01452 521 286
Cheltenham Office: 01242 269 998
