Challenging a Will

Have you been unfairly left out of a Will?

Do you wish to challenge a Will?

Are you entitled to make a claim where there is no Will?

RDC Solicitors can advise you on how to challenge a Will.

The Inheritance (Provisions for Family and Dependants) Act 1975 allows certain people to apply to the Court to claim a share of a deceased’s estate in “England and Wales”.

The Act requires claims to be made within six months of the date of the Grant of Probate or Grant of Letters of Administration.

It is essential to act quickly and only in certain justified cases may claims be brought at a later date with the permission of the Court.   In some cases beneficiaries may bring a claim against an estate within twelve years from the date of the death.  There is no time limit if the Will is fraudulent. It is essential to comply with the time limits.

You may be able to challenge a Will on the following grounds:-

• A person making the Will was not of sound mind
• A person was pressurised into making or changing his or her Will
• A person did not understand the terms of their Will
• The Will was not properly signed and witnessed
• The Will is forged
• The Will is made as a result of fraud
• The Will does not comply with the necessary formalities

It is always better to challenge a Will before the Grant of Probate or Letters of Administration are granted but to do this it is essential that you have the original Will or a copy of it.

If there are genuine grounds you can make an application to the Probate District Registry for a Caveat.  This is a way of stopping the Grant of Probate or Letters of Administration being issued and therefore prevents the Executors gaining access to the funds of the estate. We can apply for a Caveat on the payment of fixed Costs and a Court Fee.  The current Court Fee is £20.00. This will enable you to make enquiries prior to the Grant of Probate or Grant of Letters of Administration.

If you do not have a copy of the Will we can obtain one for you once the Grant of Probate has been issued.

Ram Saroop and Robert Anderson will be happy to discuss your options with you.  Ram can be contacted on 01274 735511 email ram@rdcsolicitors.co.uk.  Robert can be contacted on 01274 723858 email robert@rdcsolicitors.co.uk.   We have offices in Bradford, Bingley and Ilkley.