How can I dispute a Will?

21 September, 2012
by: Cripps Pemberton Greenish

In the second part of this series, I look at the first steps to take where you are concerned about a Will.

The first thing to do is to consider registering a Caveat through the Probate Registry. This prevents, for an initial period of 6 months, the issuing of a Grant of Probate and, therefore, prevents an Estate being distributed.

In practice, this step will provide time for investigations to be made to establish whether there is any basis to challenge the Will or bring any other Will claim.

The next stage is to obtain information regarding the circumstances in which the disputed Will was prepared.

For example, if the Will was prepared by a solicitor or other professional, you can require information to be provided regarding how the Will was made. If not, enquiries can be made of the people who witnessed the signature of the Will.

In addition, if you have doubts about the mental condition of the Deceased, you can obtain medical records and have these considered by an expert.

The information obtained at this stage may allay your concerns or provide evidence to support a challenge to the disptued Will.

Please see our website for more information