Losing a loved one is tough, and it can be even more stressful if the will doesn’t reflect your expectations. If you believe the will is invalid or unfair, you might consider contesting it. But in England and Wales, time limits can apply, so it’s important to act quickly.
Challenging the Will’s Legitimacy:
Unlike some claims, there’s no set deadline to contest a Will’s validity. This applies if you suspect the Will is:
- Forged
- Improperly executed
- Made by someone who lacked mental capacity
- Made without the deceased’s knowledge and approval of the contents
However, delaying your claim can be risky. The court may view a long delay negatively and dismiss your case. Additionally, if the estate’s assets have already been distributed, it is harder to recover the sums you may be entitled to. It is therefore important to start any claim as soon as possible.
Financial Provision Claims:
If you feel the will doesn’t provide for you sufficiently (or at all), especially if you relied on the deceased financially, things get more time-sensitive. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people to bring a claim; spouses, children (including adults), financial dependants and those living for at least 2 years with the deceased as if married (or in a civil partnership). Here, the clock is ticking: you only have six months from the grant of probate to make your claim. Claims can be brought out of time, but the Court’s permission is required.
Talk to a Solicitor As Soon As Possible:
Contesting a Will involves complex legal issues. Given the potential time constraints and the specific details of your situation, consulting a solicitor specialising in will disputes is essential. They can advise you on the relevant time limits and assess the strength of your claim. Remember, even if there’s no strict deadline for challenging the Will’s validity, acting promptly is always in your best interest, it ensures that the estate is not distributed and evidence can be more easily obtained.
Talk to us
If you would like any advice on contesting the validity of a Will, protecting your wishes or resolving Wills, Inheritance, Trusts & Probate Disputes then do not hesitate to get in touch with our dedicated inheritance disputes team.
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