Concerned about a will? 4 steps to take
You may feel helpless in the face of a will that has either disinherited you, or leaves you will very little. All this at a time when you are grieving for a relative or close friend and would have expected to be included in the will. The reality is that there are some steps you can take if you are concerned about a will, including registering a caveat and gathering evidence. Here are the 4 key steps to take if you are concerned about a will.
Register a Caveat
Once the estate of your relative has been distributed according to the terms of the will, it may be more difficult to recover assets or property that should have come to you. If you have concerns about a will, you can enter a caveat with the Probate Registry which means that probate can’t be granted. Once probate is granted, the executor can distribute the estate according to the will. A caveat prevents this for 6 months, and so the assets can’t be distributed. This gives you the opportunity to consider your claim in more detail, and take legal advice.
You can enter a caveat yourself – it’s a straightforward procedure that requires completing a form PA8, and costs £20. You can find out more on www.gov.uk
List the basis for your concerns
There are basically two types of claim you can bring if you are concerned about a will. You can challenge the validity of the will itself – perhaps it hasn’t been properly executed, perhaps you think someone persuaded your relative to leave you out of the will, or perhaps you think it is a fake. Alternatively, you can potentially bring a claim under the Inheritance (provision for Family and Dependants) Act 1975. A claim under the Inheritance Act does not challenge the validity of the will itself, but asks the court to redistribute the assets so that you receive a suitable amount. You will need to take expert advice about the strength of your claims.
Gather together any evidence you have
Finding evidence of behaviour or activity that supports your concerns can often be difficult when bringing a will dispute. If you do have anything that might be relevant – notes or letters from the deceased or other people you believe to be involved, medical records or correspondence from support services, information from friends or other relatives – these could all be important.
If you are bringing a claim under the Inheritance Act 1975, you have 6 months to do so from the Grant of Probate. You can also challenge distribution of an estate under the intestacy rules if you are not recognised under these. If you were living with someone, for example, but were not married or in a civil partnership, you would not be recognised under the intestacy rules, so you might bring a claim under the Inheritance Act. If you are challenging the validity of a will, there is no fixed time limit for doing so. However, if you delay in bringing a claim, you may find it more difficult to find strong evidence to support your claim. In addition, if the assets have been distributed already, you may find it difficult to recover your inheritance, even if your claim is successful.
Taking legal action to contest a will is a big step to take, but may be the only way to achieve fairness. Talking to an expert in contentious probate cases is vital. These cases can be tricky to fight, not to mention costly and lengthy, so you need to take advice. We represent many people on a ‘no win no fee’ agreement – get in touch for a free claim assessment.