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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How to make a remote Will: your free guide
Everyone should have an up-to-date Will. In light of the Covid-19 outbreak, more people than ever are looking into how to make a remote Will, without the need to leave their home.
That’s why we’ve designed our Remote Wills Guide, completely free of charge for you to download.
With over 125 years’ experience in looking after people and their property, we are highly experienced in providing solutions for remote clients, from expats living abroad to people in hospital. We take a client-centred approach in everything we do, and tailor our solutions to fit your unique circumstances.