How to Contest a Will

Challenging a Will & probate disputes

Identify the executors or personal representatives and the solicitors dealing with the estate. Go to the Probate Registry and find the full name, date of birth, date of death and last permanent address of the deceased, which can be gleaned from the death certificate which you can apply for the fee of £5. If a Grant of Representation has been taken out the Probate Ministry will supply you with a copy also.

As soon as you are suspicious of a Will you should consult a solicitor immediately. They will investigate the situation around the preparation of the Will and enter a ‘caveat at the Probate Registry and prevent a Grant of Probate being taken out.

It is vital to act as quick as possible to stop the estate being administered in accordance to the potentially incorrect Will and its assets being distributed.

What is a Caveat?

A caveat is a method of stopping someone being issued probate without allowing the issuer of the caveat being able to liaise with the person or to get the Court involved. Caveats are often used to create time to work out whether there are or not there are grounds to oppose someone’s application for Probate or bring estate matters before the Court. Examples of this can be when there is a dispute between two or more people being equally entitled to apply for probate or an allegation concerning the will itself.

You can enter a caveat by yourself by writing to or visiting any registry with your signed request and address, and the full name, date of death and address of the deceased. A fee of £15 is charged but you do not require a copy of the deceased death certificate. If you have decided that you wish to enter a caveat you should do so as quickly as possible. An address in England or Wales is required.  Two people cannot enter the same caveat.  A caveat lasts six months with the option of extending it another six months if needed. This costs £15 however and must be done in the month before it is due to end.

Once a caveat is issued it is the responsibility of the caveator and the person applying for probate to sort out their differences. A ‘warning’ may be issued against you by the person applying for the probate, which requires you to formally state your interest in the estate of the deceased, known as an ‘appearance’. Once this has been entered, the caveat can then only be removed by a registrar, which he will do when the matter is resolved. This happens when a summons is issued by you or the person applying for probate by the District Probate Registrar, or a Probate action in the estate is issued which will result in court proceedings.

The caveat can be withdrawn by the issuer by writing to the registry and returning the acknowledgement letter, but only if the aforementioned ‘appearance’ has not been registered. If there is no agreement it is recommended that legal advice is sought. This can be an expensive business with the possibility of losing and being liable to pay the other persons cost as well as your own.

All about Wills and probate solicitors

Wills and probate solicitors may be required in order to handle the complicated legal proceedings often associated with a bereavement.

Challenging a dodgy Will

Wills are drawn up to detail exactly what an individual wants to happen with their estate - their property, posessions and so on - once they die.

Contentious probate — probate problems

Probate is the legal process of administering a will after death. This must only be done when the specific individual who drafted the will dies.