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Can I contest A Will?

September 23, 2009 No Comments

If you feel that you have been unfairly treated in the terms of a will, i.e the deceased person was mentally incapacitated (not of a sound mind) at the time when the will was written or was coerced into leaving their assets – then the first thing you need to do is apply for a ‘caveat‘.

A caveat is a notice that ‘no grant’ will  be sealed in the estate of the deceased without notice being given to you. I.e. if anyone attempts to obtain a grant of probate they will be informed that you have placed a caveat on the probate register. A warning will be issued to you. The caveat last for 6 months but you need to relpy within 8 days of receiving it and take action (contest the will) otherwise the caveat ceases to have effect.

APPLY FOR A  CAVEAT:

http://www.hmcourts-service.gov.uk/cms/1186.htm

FIND OUT –  FREE ADVICEif you have grounds for Contesting a Will:

http://www.contesting-a-will.co.uk

Hopefully – any disputes may be resolved during the caveat period, However – If a satisfactory agreement cannot be reached, then there are usually 2 main grounds on which to contest a will – one,  its validity, or two, its financial dependency on the deceased.


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