We are consulted regularly by those who are concerned that they might not have received their rightful inheritance. They come from all walks of life, but the one thing that they all have in common is that they all ask “Can a will be contested?”
The simple answer is “Yes it can”.
There are 4 main grounds upon which to challenge a will or contest probate.
1) If you have an actual entitlement
We can assist if you are already entitled to provision from the Estate, but you have not received that entitlement due to the actions, or inaction, of someone else. We can help if an executor refuses to pay your share, has transferred your share to someone else, or even if the executor refuses to act at all.
We can also help if you must take steps to prove that you qualify to receive provision from the Estate (for example if you must prove that you are a child of the deceased to inherit a share).
2) If you benefit indirectly because the last will is invalid
We can help you if the last Will should be overturned for any reason. If the last Will is invalid and you benefit under the terms of a previous Will (or the laws of intestacy if applicable), you may be able to contest probate. The last Will may be invalid if the Will-maker: –
- Did not comply with proper formalities, or
- Lacked the mental capacity to produce a Will, or
- Was not properly aware of the contents of the Will, or
- Was the victim of undue influence, or
- Is the victim of fraud (ie did not actually make or sign the Will).
3) If you have an alternative entitlement that overrides the Will
We can assist if you have acquired rights over the Will-maker’s property that should prevent it from being distributed to other people.
It may be that you acquired such rights by providing services or benefits to the Will-maker, in return for a promise that you would receive provision through the estate.
It could be that the Will-maker made a deal with another person whereby both of them agreed to make provision for you, but the Will-maker subsequently ignored the agreement without the other’s knowledge.
Maybe provision was made for a different beneficiary, who was secretly expected to pass that benefit on to you.
It may even be the case that you are entitled to a share of the Will-maker’s property by providing a financial contribution towards it, but the Will fails to acknowledge those rights.
4) Need for reasonable financial provision.
Finally, we can help you if the last Will simply fails to make provision for you in unreasonable circumstances, and you needed payment to assist you financially.
We are here to help
We are specialists in referring suitable contested probate cases to expert solicitors who are prepared to act on a No Win No Fee basis. Therefore, whatever your concern, contact us for free advice about whether you have a good claim.
Time limits may apply, so don’t hesitate to contact us!
- You can visit our website at www.cpaid.co.uk
- You can call us on 0161 532 8111.
- You can email us a query at the following address – paul.wood@cpaid.co.uk
- You can message us directly through Facebook Messenger.
Contact us to contest your case today.
