Contested Wills & Probate – FAQs #1

Nov 20, 2015
Over the next few weeks I will be answering some of the most frequently asked questions from clients.

Today’s question: 'I think the Will is invalid, what should I do first?'

You should take steps to stop the Personal Representatives (i.e. executors) from obtaining a Grant of Probate and distributing the net estate, by issuing a caveat in the probate registry against the name of the deceased. This will preserve the estate assets while your potential claim can be investigated. A caveat will remain in force for a period of six months, and can be extended indefinitely by written application for an additional six months at a time.

If you are too late and a Grant of Probate has already been issued, all is not lost. It often takes quite some time for the Personal Representatives to gather in all the assets, sell them and administer the estate before any distributions are made. Therefore they should be approached as soon as you suspect you have a claim to obtain an undertaking that the estate funds will be held whilst your claim is investigated further.

For further information on challenging a Will and to find out how we can help you, please contact our Wills and Trust Disputes Team on 01279 755777 or get in touch with Daniel Winter, Associate Solicitor.

Nockolds Solicitors is delighted to announce that the firm has won ‘Law Firm of the Year’ for ‘Contested Trusts and Probate’ at The 2015 Lawyer Monthly Legal Awards. Click here to read more about the award: Lawyer Monthly - Nockolds


Daniel Winter

About the author

Daniel Winter

Daniel joined Nockolds in 2009 and is a Partner in our Commercial and Property Litigation Team. Daniel has been practising as a qualified Solicitor for ...

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