Invalidating a will uk

Posted by / 24-Nov-2019 19:41

It is sometimes the case that the executor may have a sense of entitlement to the assets in the property that aren’t satisfied by the will or the rules of intestacy.They may also have a grievance with certain family members.As the limitation to bring a claim can be very subjective it is always very important that expert help is sought.However as a general guide the key time limits to be aware of are as follows :- You can contest a will after probate although for lots of practical reasons it is always better to contest a will before probate is issued as an unscrupulous Executor aware of any challenge to a will could dispose of the estate assets, for this reason if you believe you have grounds to challenge a will it is always best to put a Caveat on the estate first preventing probate being issued, this will provide time to allow a Solicitor to investigate the claim.This is because in many cases, the invalidation of a will which is proven to be forged leads to the deceased being declared intestate, meaning that the intestacy rules apply.

It is for this reason that it is vital to have your Will drafted by qualified solicitors.

The majority of Wills in England and Wales are not contested.

However, since the recession, the number of people contesting Wills has risen.

As ever, though, showing that the will contradicts wishes expressed by the deceased elsewhere can also be useful as evidence.

An unfortunate side-effect of proving a forged Will is that the fraudsters may still receive a share of the estate if they are related to the deceased.

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