Frances Jacobs from Edward Hands and Lewis
Contentious Probate claims are one of the biggest areas of litigation and put simply, are claims challenging the validity of a will when the testator passes away and in some cases, the distribution of the assets in the testator’s estate.
The effect of a contested probate claim on beneficiaries and executors cannot be underestimated and can be brought on many grounds, including:
– a failure to comply with the ‘Golden Rule. This is the duty on the person who drafted the will to check the testator’s capacity to ensure the will is valid;
– delays in the preparation of the will to the detriment of the testator and /or beneficiaries;
– undue influence on a testator by a party benefiting from the will;
– failure to validly execute the will.
It is never easy to make the decision to challenge a deceased’s will; however it is important for those considering the same to obtain advice to protect their position in respect of pursuing a potential claim.
If you are in a position where you are unsure whether you are able to challenge a deceased’s will, contact us for a no obligation discussion on 0800 999 8880.
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