What Happens When a Will is Contested

The first step is for your solicitor to take instructions from you outlining the reasons why you wish to contest the Will. They will then find out if a Grant of Probate has been obtained. If not, they enter into a Caveat to prevent one being taken out. They will then get all of the other pertinent documents including those from the Land Registry, a Larke-V-Nugus statement as well as medical records of the deceased if necessary.

After completing the above, the solicitor will have an idea of how likely you are to succeed In Contesting a Will. If they believe you have a claim then a formal Letter of Claim is written to the opposing party and/or the deceased’s Executors. This usually leads to an invitation of mediation. If mediation fails then formal court proceeding may commence, with the burden of proof on the claimant.

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Contesting a Will: your free guide

Contentious Probate is becoming an increasing issue in the UK. Dealing with issues around who is entitled to what in a Will requires a sensitive approach which looks at a wide range of factors, from family disputes to difficulties regarding mental capacity and undue influence.

Our Contesting a Will Guide covers our 5 key tips to solving issues around contentious probate, and is completely free of charge for you to download.

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