It is very common for one family member or another not to be
happy with the outcome of a Will. That is why is it crucial to make
sure that a Will is valid, potentially explained and witnessed
properly.
Challenging a Will is a very serious and difficult task. The
famous case of Kostic v Chaplin in 2007 highlights how a difficult
and complex case can lead to astonishingly high costs. The
claimant's father had left £8.2million estate to the conservative
party which was contested by his son. The outcome was successful
for Mr Kostic but the overall costs amounted to £900,000.
If you do really feel you have a successful claim challenging a
Will, you need to know the facts. There are 3 possible arguments in
support of challenging a Will. The first of these is under the
Inheritance (Provision for Family and Dependants) Act 1975. It is
the argument that not enough was set aside for you in the final
Will. However, you must be eligible to bring a claim under the Act
and, secondly, you must be able to show that, immediately prior to
the death, you were dependent upon the deceased.
The second way to challenge a Will is by demonstrating undue
influence, which is where there was an element of coercion relating
to the creation of the Will. The other is by showing a lack of
competence, proving that the person did not understand what they
were doing. This might be because of mental or physical illness. It
is extremely difficult to be successful in such a claim, as the
main witness is deceased. It would therefore be very hard for a
claimant to prove their case.
Having said all this, legitimate victims to a Will should not be
put off of claiming, but it is certainly advised to seek legal
advice to gain the best possible guidance on the matter.
A solicitor will start the investigation by entering a caveat at
the Probate Registry to prevent any of the Wills contents being
followed through. It is important to act as quickly as possible to
stop the Executors from administering the estate. However, be ready
for delay and a potentially extensive period of time before your
claim is heard.
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