This website provides information on Probate in the UK and related topics. This is NOT a government website and is not affiliated with any UK department including the Ministry of Justice. Every effort has been made to insure the accuracy of the information provided.
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Validity of the Will
The validity of a will can be contested either on the grounds that the paperwork in question was never actually intended to be a final will, or that the process of drawing up the will was not in accordance with the Wills Act of 1837 which stipulates the elements required to make a will valid.
Asset Allocation
If an individual feels they have a valid reason why the assets of an estate should not be allocated as per the will, then this would also cause the probate to become contentious and prevent a Grant of Probate being issued.
How to Contest a Will
Any interested party wishing to contest a will must apply for a caveat which stops the Grant of Probate being issued.
Such a caveat will usually last for six months providing the time for all parties to seek professional advice and resolve the issues that have arisen.
If all issues cannot be resolved within this time, it is possible to request an extension for a further six months.
If this does not resolve the case then court proceedings are likely to be necessary.
Any interested party wishing to contest a will must apply for a caveat which stops the Grant of Probate being issued.
Such a caveat will usually last for six months providing the time for all parties to seek professional advice and resolve the issues that have arisen.
If all issues cannot be resolved within this time, it is possible to request an extension for a further six months.
If this does not resolve the case then court proceedings are likely to be necessary.
What is Contentious Probate
Contentious Probate occurs where some element of a deceased’s will is contested or challenged.
Such a process fundamentally stops anyone from being able to claim a Grant of Representation and therefore take control of the estate.
Such a contest can be made either on the grounds of the validity of the will itself or the way that the estate has been allocated.
Contentious Probate occurs where some element of a deceased’s will is contested or challenged.
Such a process fundamentally stops anyone from being able to claim a Grant of Representation and therefore take control of the estate.
Such a contest can be made either on the grounds of the validity of the will itself or the way that the estate has been allocated.