1. Seek legal advice straight away
Challenging a Will can be a complicated matter, with some steps along the way being potentially damaging to your position and costly if done incorrectly. By engaging with an independent lawyer you can receive advice and guidance on whether or not you have a claim and the merits of your possible claim. Having a sensible lawyer on side is also likely to give you the best possible chance for success if you have a claim.
2. Enter a caveat
If you have realistic and reasonable concerns as to the validity of a Will, prior to a grant of probate having been issued, entering a caveat can allow you time to investigate your concerns. A caveat stops the executor (or the person purporting to be such) from obtaining a grant of probate, thereby stopping probate being issued whilst the challenge is still being actively investigated.
3. Apply to the probate registry for a standing search
If you are not wanting to enter a caveat or are unsure whether someone is making progress on their grant of probate application, applying for a standing search should inform the challenging party when a grant of probate has been issued. Whilst it does not prevent a grant of probate being issued, the search does provide its applicant with a copy of the grant of probate (which will show details as to the value of the estate) as well as a copy of the Will, which is useful if someone is preventing access to it.
4. Ask the Will writer for their file
Writing a letter to the solicitor that wrote the Will requesting details as to the circumstances of its drafting – also known as a Larke v Nugus letter – can help build a picture of the Will’s creation as well as getting a copy of the Will writer’s file including contemporaneous notes. This will include queries on how they came to be instructed, the writer’s views on the health and mental capacity of the Will owner and whether there was anyone else in the room when it was signed or the instruction was made.
5. Consider applying for the medical records relating to the deceased
If the mental capacity of the Will owner is in doubt, those contesting the Will may consider obtaining the deceased’s medical records to establish whether there had been any illnesses, treatments or other issues which could have impacted their reasoning, mental capacity and/or whether they were susceptible to coercion.
Would you like to know more?
Thrings’ Private Wealth Dispute Lawyers are experienced in all areas of the law that are close to home and support individuals and couples with sound tailored advice to successfully navigate divorces and separations.
