While contesting a will may be a possibility for some in the UK, it’s best to know the laws before you take action. There are legal requirements you must meet before you can dispute a will and try to bring a case to court.
It’s never a wise idea to make assumptions in this type of situation. Instead, take time to do your homework and figure out if you have a valid case or not. You need specific legal grounds on your side before you start to outline your plan of attack. The more you know about the law, the more likely you’ll be taken seriously and able to make sound decisions.
For starters, you need to have legal grounds for contesting a will UK. The best way to determine if you have a case is to take the time to speak with a lawyer. Lay out the facts for him or her and get their opinion regarding if it’s worth your time and energy to proceed or if you should let it go. Some of the valid reasons for contesting a will include testamentary capacity, lack of knowledge and approval and rectification and construction claims.
The reality is that you may not be in proper standing to follow through and contest a will. There are laws in the UK related to disputing a will that state how much time you have to do so. The timeframe will vary depending upon your specific situation and are governed under the Limitation Act 1980. It’s best to seek legal counsel and make sure you’re following the law and not wasting your time bringing up a case that won’t even be upheld in court.
Your Relation to the Testator
More often than not, blood relations are the ones who will be contesting a will when living in the UK. This includes direct relatives such as children, siblings or parents. For instance, you may not have the legal right to contest the will just because you feel you’ve been wronged or left out if you do not fall into one of these categories. It’s always best to consult with the experts to make certain you’re legally able to bring your case to light before moving forward.
Contesting A Will on Behalf of Someone Else
In the UK, it is legal to proceed with contesting a will on behalf of someone else who’s not able to do so such as a parent helping out a minor. You have a right to assist your loved one if you feel they’ve been wronged and are entitled to a piece of the will. Once again, it’s best to consult with a lawyer and make sure your situation falls within the limitations of the law prior to investing in the process.
Take time to better understand the UK laws for contesting a will so you’re prepared to handle your case. Don’t be afraid to contact an attorney if you require assistance or need clarification. You’ll likely want to dive deeper into the law and do further research on your own if you choose to go ahead with disputing a will.