Why would someone need this service?
A Will, when properly prepared by a solicitor, represents the true wishes of the testator (the person who has made the Will) regarding the distribution of their assets upon death. It is crucial that a Will is created with certain formalities, a process where the expertise of experienced solicitors is invaluable. These legal professionals ensure that the Will is prepared when the testator has the requisite mental capacity to make independent decisions about asset distribution.
Occasionally, a Will is challenged, often on grounds such as improper execution or lack of mental capacity at the time of signing. This is where contested Wills solicitors play a critical role. They address challenges arising from allegations such as the testator being under duress or undue influence, which might lead to a Will not reflecting the testator’s true intentions.
If a Will is to be challenged, it is imperative to seek prompt legal advice from experienced contested Wills solicitors. They can issue a Caveat to prevent a Grant of Probate, which is necessary for the Executors to distribute the deceased’s estate. Executors informed of a claim against the validity of a Will should also seek immediate advice from contested Wills solicitors.
How long is the legal process when contesting a Will?
The duration of the legal process can vary. If parties are open to a negotiated settlement without court proceedings, contested wills solicitors might resolve the dispute within weeks. However, if court proceedings are necessary, it typically takes 12 to 18 months for a claim to reach trial, although most cases settle before this stage.
Is it expensive?
The costs depend on the dispute’s complexity. As your contested wills solicitors, we will provide an estimate of costs at the start of our engagement. In certain cases, we may offer a “no win, no fee” arrangement, also known as a Conditional Fee Agreement.
What should people do before calling?
Before contacting a contested Wills solicitor, it’s helpful to have a copy of the Will and information about the estate’s approximate size.