DISPUTED & CONTESTED PROBATE :: CHALLENGING A WILL
Many individuals have valuable property and liquid assets that they wish to pass on when they die. A will is the legally enforceable record of a person’s wishes on how to divide their possessions after their death and who should oversee that division. A will usually names an executor who is an individual whose responsibility is to make certain that the wishes outlined in the will are implemented. Not all wills are accepted as valid or reasonable by some beneficiaries or potential beneficiaries meaning that disputed wills and contested probate legal actions are not at all uncommon.
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Grant of Letters of Administration
Other legal procedures exist to govern the distribution of assets if the individual who has passed on has neglected to draft a will. These legalities consider the scales of relationships that are eligible to take the assets. An eligible individual may claim by utilising a Grant of Letters of Administration, which is bestowed by the court after completing an application. The Crown can assume all assets in the event that no relation is eligible according to the legal conditions. Given the likelihood of these types of situations, it is crucial that everyone creates a formal will to be consulted after his or her death even though there is a risk that the will can be disputed or that the subsequent probate can be contested, it is considerably the better option than allowing the state to dictate how the assets are devolved. If this step is not taken, there is a danger that the assets and possessions of the deceased will be handled in a manner of which he or she would not have approved and further danger that the state will claim and take some or all of the assets.
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Disputed Wills & Contested Probate
Although it's not necessary to enlist a solicitor in order to draft a will, many people may unknowingly make mistakes or place themselves in disadvantageous positions by creating their own wills. In fact, there is a general observation in the legal profession that solicitors earn more as a result of handling home made convoluted wills after death than they earn by working with professionalyy drafted wills. The following points are some of the mistakes individuals often make :-
- being ignorant of the exact requirements that are essential to execute the will
- neglecting to allocate all of the possessions thereby allowing the Crown to claim
- giving no instructions on how to re-allocate possessions if a beneficiary dies
- inappropriately changing a will after its original implementation
- giving no consideration to dependents who might have a prior claim on the estate
- neglecting to make provisions for altered relationships including marriages, divorces, births and the Civil Partnership Act
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Destruction of a Will
The physical destruction of a will is possible by the original author or by an individual who is acting in their stead. After being destroyed, the will no longer has any power. The destruction or damage of a will as a result of an accident is not grounds for revoking it. Wills can be changed by a codicil, which is a type of addendum. Codicils must be implemented appropriately in order to be effective.
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Executor of a Will
The deceased author of the will chooses the executor, who will see that the deceased’s instructions are followed. Adhering to the details of the will, the executor assumes all the assets and satisfies all the outstanding debts. Afterward, he or she distributes the remaining assets to the beneficiaries. Unless the wills are extremely simple, an executor will usually hire a solicitor to handle the paperwork and other complexities associated with the distribution of the assets. An executor may be anyone but is commonly a solicitor, an accountant or a trustworthy friend or family member.
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Disputed Wills & contested Probate Solicitors
Our solicitors are well versed in handling wills, probate and grants of administration. They also deal with disputed wills and contested probate including cases involving conflicts over the document’s authenticity or where a non-beneficiary makes a claim. For free legal guidance in these areas with no obligation, please just email or notify us by calling the helpline.