CONTENTIOUS WILL – OBJECTING TO PROBATE
Facing a legal battle over a contentious will is a daunting prospect. Losing a loved one is difficult enough without having to cope with litigation. You need the assistance of a qualified solicitor with the right combination of legal knowledge and experience. Finding that right combination, however, is not always an easy task. The problem is that solicitors tend to take one of two paths with their career – either they do courtroom work or they don’t. Most wills and probate solicitors fall into the latter category and have no real experience with litigation of a contentious will. A client whose probate case becomes disputed will probably end up being handed off to the firm's litigation department, increasing costs and further delaying a resolution.
Our probate solicitors are unusual in that they have both non contentious and courtroom experience. Our solicitors are capable of handling any matter related to a contentious will. Contact us today for free advice about your case. To speak directly with one of our solicitors, just phone our helpline or complete the contact form.
A contentious will often comes into existence at the very early stages of execution of the document which must be valid to be enforceable and to that end the testator must be at least 18 years of age, must be of sound mind and fully understand the meaning of the document and the will must be signed in the presence of two witnesses who must also sign the document. It is important that neither of the witnesses is also a beneficiary or they will lose any gifts made to them in the will.
It sometimes happens that the deceased's original will cannot be located. In cases of a lost will, the executor must appear before the court to prove a copy of the will. There may, however, be one or more individuals who will challenge the copy, arguing that the original was actually destroyed by the testator as a means of revoking it. Resolving a dispute over a contentious will that was either lost or destroyed requires a full hearing in court with both sides preventing evidence before a judge.
Individuals who depended on the testator during his lifetime have a right to continued support after his death. Dependents can be a spouse, child, partner or mentally disabled person. If the terms of the will do not provide for adequate support, then the dependent is entitled to bring a legal action to claim their share of the deceased's estate.
Our solicitors provide free legal advice on all matters related to wills and probate. Contact us today to speak with a knowledgeable solicitor who will provide you with a confidential consultation with no costs and no further obligations. Simply fill out the contact form on our website or telephone us on our free helpline.