Disputed Wills & Inheritance Claims: When to Challenge a Will in Lancashire

A will is made to lay out a plan for the distribution of a person’s estate after death

But unfortunately this is not always the end of the matter. There are a number of reasons you may wish to contest a will after a person has died, and the process can be complex and distressing for families.

If you’re looking to navigate a challenge to a will, you’ll need a solicitor with experience in contentious probate – estate disputes after death.

In this blog we explore when and how you can challenge a will with Lancashire solicitors.

Under what circumstances can I challenge a will?

There are a number of legitimate grounds under which you may challenge a will.

These include challenges to validity, claims for financial provisions or objection to the executor’s administration of the will.

Disputes can also arise from delays, misdistribution, or alleged breaches of duty by the executors, while cross-border inheritance issues often involve multiple jurisdictions and foreign laws and international assets can complicate the process of inheritance and estate administration.

How long do I have to contest a will?

There is technically no time limit on contesting a will before grant of probation, but it is best to do it as early as possible in the process.

After probate has been granted, the length of time in which you should initiate the process of contesting a will depends on the grounds of your claim.

For instance, claims for reasonable financial provisions in the inheritance can be submitted by a spouse (or former spouse provided you are not remarried), a child, civil partner, or financial dependent. Under these grounds, you have six months to issue your contest from the date of the grant of probation.

You may still apply to challenge after this period, but are less likely to be able to present your case.

You can also contest if you have concerns about the validity of the will – for instance, if there are concerns that the deceased lacked the mental capacity to make decisions at the time the will was written, they were under undue influence, or there is evidence to suggest forgery.

You may also challenge a will if you believe it has been improperly executed. The executor of the will is appointed in the document to administer the deceased’s estate. Executors have a duty to actively progress the administration of the estate and are required to act in the best interests of all beneficiaries, remaining neutral when acting on behalf of the deceased. If you believe the executor has not done so you may be able to challenge the will.

These grounds do not have a strict legal time limit, but it is advisable to contest the will as soon as possible if you are concerned as these grounds can be harder to prove over time as assets are distributed and evidence is lost.

How to contest a disputed will

First of all, if you are looking to contest a will, you will need to consult a solicitor who specialises in wills, particularly in contentious probate, to seek legal advice.

For a contest of will prior to granting of probate, you will need to file a Caveat, which will give you six months to file evidence for your claim.

A solicitor will help you explore mediation processes before going to court, but will also be able to represent you in any court proceedings should it come to that.

If you are looking to contest a will, Dickinson Parker Hill has specialist disputed will solicitors who will help you manage the process sensitively and protect your interests. Get in touch today to find out how we can support you in the will dispute process.