Contestarea unui testament
Cum să contestați validitatea unui testament.
Prezentare generală
If you believe a will is invalid or does not make reasonable provision for you, you may be able to challenge it. There are different legal grounds for contesting a will, ranging from lack of testamentary capacity (Banks v Goodfellow) to undue influence, fraud, or a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Time limits are strict — Inheritance Act claims must be brought within 6 months of the grant of probate.
Cine poate folosi acest proces
- You are a spouse/civil partner, former spouse, child, or dependant of the deceased
- You believe the testator lacked mental capacity when making the will
- You believe the will was made under undue influence or fraud
- You believe the will does not meet the formal requirements of the Wills Act 1837
- You believe you are not receiving reasonable financial provision from the estate
Proces pas cu pas
Identify Your Grounds
Determine whether you are challenging the validity of the will itself (lack of capacity, undue influence, fraud, formality defects) or claiming reasonable provision under the Inheritance Act 1975. These are different legal claims with different requirements.
- Seek specialist legal advice early — probate disputes are complex
- Keep records of any evidence supporting your claim (medical records, witness statements, correspondence)
Enter a Caveat
If you are concerned that a grant of probate may be issued before you can investigate, you can enter a caveat at the Probate Registry. This prevents a grant being issued for 6 months (renewable). The fee is £3.
- A caveat can be entered online or by post
- A caveat gives you time to investigate without the estate being distributed
Obtain the Will and Relevant Documents
After the grant of probate, the will becomes a public document and can be obtained from the Probate Registry. Before the grant, you may need to ask the executor for a copy. If challenging capacity, request medical records of the testator.
- The Probate Registry can provide copies of wills for £1.50
- Medical records can be requested under the Access to Health Records Act 1990
Take Legal Advice
Consult a solicitor specialising in contentious probate. Many offer initial free consultations. Discuss the strength of your case, costs, funding options (including conditional fee agreements), and the time limits. Inheritance Act claims must be brought within 6 months of the grant of probate.
- The Law Society's 'Find a Solicitor' tool can help locate specialists
- Consider mediation as an alternative to court proceedings
Issue Proceedings or Negotiate
If a settlement cannot be reached, issue proceedings in the Chancery Division of the High Court or the County Court. Probate claims (challenging validity) are governed by Part 57 CPR. Inheritance Act claims are governed by Part 8 CPR. The court may order mediation.
- Most probate disputes settle before trial
- Court fees vary depending on the claim value
Costuri
Avertismente importante
Strict time limits apply — Inheritance Act claims must be brought within 6 months of the grant of probate.
Contesting a will can be expensive and emotionally difficult. Consider mediation or negotiation first.
If you lose, you may have to pay the other side's legal costs.
Entering a caveat does not, by itself, constitute bringing a claim — further action is needed.