When a loved one passes away, we often hope their finances and estate will be settled smoothly through a will. Unfortunately, this is not always the case. Wills are frequently challenged — both in terms of their content and even whether the document is truly the deceased’s last will and testament.
If you believe a will is invalid, it’s crucial to act quickly. Applying for a caveat prevents the estate from being distributed while the validity of the will is investigated. The sooner you apply, the stronger your position may be. Common issues include:
- Whether the document was genuinely the deceased’s will, or prepared by someone else and signed under pressure.
- Whether the will was properly executed.
- Whether the witnesses were legally valid and eligible.
These are just a few of the grounds on which a will may be contested.
When There Is No Will
If no will exists, the law decides who the administrators are and who inherits the estate. However, administrators do not always carry out their duties properly. If this happens, their actions can be challenged through the Courts.
Financial Provision Claims
Even if there is a valid will, close relatives — or those treated as such — may still be able to make a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. These claims must be brought within six months of probate being granted. Importantly, financial provision claims can also be made where there is no will, provided the claimant was financially dependent on the deceased.
For more information contact St Helens Law at 01744 385171 or fill out our consultation form.