If you feel that you have been wrongly left out of a Will or not adequately provided for in a will then you may be able to contest the Will and attempt to recover money.
In order to contest a Will you must be an “eligible person” and believe that you have been left without proper provision.
An “eligible person” can include a spouse, child or dependant. If you have any doubt about your eligibility you should seek urgent legal advice.
You must write to the executor of the will giving notice of intention to challenge the will within six months of the death. After six months the executor can distribute the estate if no challenge has been received. You must then file an Application in Court within nine months of the death. These periods can be extended but there is a risk the estate may have been distributed or the Court will not allow an extension. Accordingly you must act urgently and give notice of the intention to challenge as soon as possible.
Your Application will normally first proceed to a mediation between the parties to see if the claim can be resolved without going to Court. If a trial in Court is required the Court will take into account many matters and issues when deciding your issue. Expert legal advice will ensure you know how strong your claim is and the likelihood of success.
Your Claim Lawyers will act for you in contesting a Will and we will act on a no win no fee basis meaning that we will not get paid any fees or legal outlays unless your challenge is successful.
Call or email us for a free consultation.