Contesting a will

If a court finds that a will is invalid, the deceased’s estate will be administered in accordance with their previous will, or if there are no previous wills, in keeping with the intestacy rules.

Each case is unique to its own facts and any individual with queries about the validity of a will should seek guidance and support. We can advise on whether the circumstances surrounding the preparation of a will do give rise to a claim, and the necessary investigations and procedures required to either pursue or defend such a claim.

Investigations into the background to the preparation and execution of a will may include obtaining medical records and information from the solicitor who prepared the will, and entering a caveat which prevents a grant of probate from being issued.

Where a person lacks capacity to make a decision about his or her property and affairs or personal welfare, someone else will need to be appointed to make those decisions on behalf of that person. Often this is an attourney chosen by that person at a time when they had capacity to do so under an enduring or lasting power of attourney (EPA or LPA). If no such person has been designated, then the court will select a deputy to act.

Similarly, if a person no longer has the capacity to make a will, the Court of Protection may order that one is executed on their behalf. This is known as a statutory will.

There are occasions where applications to the Court of Protection are contested, usually by family members. These may involve objections to the appointment of a particular attourney or deputy, concern about whether an attourney is acting in the person’s best interests, or disagreements over the terms of a proposed statutory will.

In those circumstances, we can assist with applications to the Court of Protection generally in terms of procedure, evidence required, and the orders the court can make.