CONTEST A WILL – CONTENTIOUS PROBATE

There are strict requirements in regards to preparation and execution of a valid will and failure to comply with these requirements may mean that the will is invalid or is open to an interested party taking legal action to contest a will. The most common mistakes made in regards to wills are outlined below and in each and every case failure means that a testators wishes will not be carried out if legal action to contest a will is instigated and is successful:

• failure to properly execute the will
• failure to support dependents
• testators mental illness or senility
• undue influence by a beneficiary particularly on an elderly testator
• failure to distribute all assets
• improper alterations after signature
• failure to take account of changing family relationships
• lost or accidentally destroyed wills that cannot be proved

Legal action to contest a will may have the effect of allowing an earlier will to take precedence or if there was no earlier will it means that upon failure of the only will the intestacy rules may apply to distribution of the estate. In both cases the testator’s wishes in regards to distribution of the estate may have been frustrated allowing another person to claim benefits under the estate. In the event that all gifts fail and there are no qualifying relatives to take advantage of the intestacy rules then the state will step in and claim all of the assets.

Our solicitors who deal with probate and contentious probate have detailed experience in regards to the procedures necessary to contest a will. They believe in communicating with our clients in plain English and writing correspondence in simple terms in order to avoid any possibility of a misunderstanding. However, there are times when some technical terms are unavoidable. To help you understand what everything you read and hear means, we’ve provided you with definitions of the most common terms related to wills and probate.

• Administrator
  If you die without a will, the Probate Registry appoints an administrator to manage your estate. The role is very similar to that of an executor. An administrator is typically a family member and/or potential beneficiary of the will.
• Beneficiary
  A beneficiary is a person who receives something from the deceased’s estate.
• Codicil
  A codicil is a legally binding amendment to the content of a will.
• Crown or Treasury or State
  Any of these terms can be used to refer to the government. If you die without a will, and you have no qualified relatives, the Crown/Treasury/State can claim your assets. The government can also claim your assets if your will is found invalid.
• Estate
  Your estate is the total value, minus any outstanding liabilities, of all the assets you own when you pass away.
• Executor/Executrix
  These terms refer to the person you name in your will to handle the distribution of your assets. Executor is used for males, and executrix is used for females. An executor/executrix carries a great deal of responsibility. That’s why it is so important that you select this person yourself within the terms of your will.
• Funeral Arrangements
  The term funeral arrangements encompass all of your wishes regarding your burial, such as the service, interment or cremation, flowers, etc.
• Inheritance Tax
  The inheritance tax (formerly called death duty) is a tax imposed by the government on an estate if the value of that estate exceeds a set threshold. An experienced wills solicitor will be familiar with certain exemptions that can help lawfully reduce the potential tax burden on your estate.
• Intestacy
  Intestacy is a term used to describe the situation of someone dying without making a will. That person is said to have died “intestate.”
• Legacy
  A legacy is any gift made to a beneficiary through the will, such as:
  • tangible property
  • money
  • the remainder of the estate after liabilities have been paid and the other beneficiaries have received their gifts
  • set payments by installments for the rest of the beneficiary’s life
  • gifts requiring that the beneficiary meet certain conditions
• Probate
  Probate is the process by which the court determines the validity of the will.
• Testator/Testatrix
  These two terms refer to the person who is making the will. Testator is used for males while testatrix is used for females.
• Trust
  A trust is a separate legally entity wherein one person (the trustee) holds property for the benefit of another person (the beneficiary). The trust document typically directs the trustee to carry out certain actions, but it may also leave the management of the estate up to the trustee’s discretion.
• Witness
  A witness is a person who does one of two things: they either witness you signing the will or they witness you acknowledging that you have signed the will. A valid will requires the signature of two witnesses. The witnesses should not be beneficiaries of the will or they lose their inheritance.

Our solicitors talk plain English with no legal jargon and deal with probate, grants of administration and with contested probate in cases where the validity of a document is questioned, a will is lost or where someone not included as a beneficiary makes a claim. If you would like free initial legal advice either use the helpline or complete the form and a solicitor will discuss your case with you and give you free, no obligation advice. If we take your case on we use the no win no fee scheme.