The Risks of Challenging a Will

Losing a loved one is always difficult, and when it comes to the will, we want everything to be shared fairly.

However, sometimes errors can occur. If you feel that there are any mistakes within the will, you may be able to contest it. Here at Eaton’s, our experts can support you through the entire process.

Why Is It Important to Make a Will?

After somebody has died, their assets must be shared across their beneficiaries. The new owners of the possessions and properties will be declared within the will If you don’t have a will, the person that deals with your estate may not be trustworthy and able.

If no will has been created, then the deceased is deemed to have ‘died intestate’. This means that the law decides who inherits the estate and who can deal with the administration of the estate under the rules of intestacy.

If you are unsure how to write your will, we can assist you. We offer services to support you through the drafting of your will to ensure that everything is correct. Just complete our will questionnaire and let us help you.

What Are the Grounds for A Contest?

There are 6 main reasons that somebody will be legally eligible to contest a will. These are as follows:

Lack of Testamentary Capacity
Lack of Due Execution
Lack of Knowledge and Approval of the Will
Undue Influence or Duress
Fraud or Forgery
Rectification and Construction

If none of these grounds are met, your appeal against the will may be rejected. Our team can advise you on your personal situation and the options available to you.

What Are the Risks of Challenging a Will?

Contesting a will is a big decision to make and certainly does not come without its consequences. Before taking any action, get in touch with a licensed solicitor to discuss your situation. They can provide the best solutions for you.

You may face expensive legal costs when challenging a will, including solicitor costs and court fees. However, community Legal Service Funding is no longer provided meaning that you will receive no financial legal aid Even insurance policies that cover legal fees exclude this kind of claim.

If you are unable to find this funding yourself, you may be able to enter into a l“No Win No Fee” arrangement with your solicitor. This means that you only pay the legal costs if you win your claim.

Other financial risks can include paying the other side’s costs. If your claim is labelled as “mischievous”, or you are in the circumstance that you don’t have enough evidence, you may face costly legal bills. To avoid this, and to check that your claim is reasonable, seek legal advice before attempting a contest.

Efficient evidence is required for your claim to succeed. Your case must be constructed of evidence such as documents or witness statements from people who are prepared to support your claim. Depending on the type of claim you may have as little as six months in which to issue your claim at court. Even where the time limits are longer in other situations the longer you wait, the harder it will be to find suitable evidence.

Even if you win your case, you must consider what will happen afterwards. Be sure to ask yourself how the estate will be divided and if the intestacy rule applies. If there is an earlier and valid will available, this may be able to guide your decisions.

Our Team Can Help

We know experiencing grief is a challenging time for you and your family, but you do not have to go through it alone.

Our team are here to advise, support and represent you. We will supply you with a reliable consultation and can offer you an appropriate method for resolving your dispute. If you are interested in our services, get in touch today.