The timeframe for contesting a will is critical, as strict deadlines apply. Missing these deadlines can result in losing your right to challenge the will.

• Claims under the Inheritance Act for reasonable financial provision must be made within six months of the date of the grant of probate. This act allows certain individuals, such as spouses, civil partners, children, and dependants, to claim if they believe the will does not make adequate provision for them.
• If there is a clerical error or a mistake in the drafting of the will, a claim for rectification also must be made within six months of the date of the grant of probate.
• The time limit for other types of claims, such as those questioning the validity of the will based on lack of testamentary capacity or improper execution, generally follow the six-month rule after the grant of probate. However, in some circumstances, the court may allow claims to be brought after this period if there are compelling reasons.
• For claims based on allegations of fraud, forgery or undue influence, there is no specific time limit.
• If you are a beneficiary or a creditor making a financial claim against the estate, you have 12 years from the date of death to make a claim.

Acting promptly can help prevent the estate from being distributed according to the contested will, making it easier to address your claim. Timely action also allows for better collection of evidence and witness testimonies, which are crucial for building a strong case. While courts may grant extensions in certain cases, it is not guaranteed. As such, early action increases the likelihood of your claim being heard.

Obtaining a copy of a will is a crucial step in understanding its contents and determining if there are grounds for contesting it. There are various ways of securing a copy:

• From the executor: if you are a beneficiary or have a legitimate interest in the will, you can request a copy directly from the executor of the estate. The executor is responsible for managing the deceased's estate and should provide you with a copy if you are entitled to see it.
• After probate is granted: once probate has been granted, the will becomes a public document. You can obtain a copy from the Probate Registry. This is the most straightforward way to access the will if probate has already been issued.

If probate has not yet been granted, the will is not a public document, and obtaining a copy can be more challenging. In such cases, you may need to seek legal advice to understand your rights and the best way to proceed. Sometimes, it may involve writing to the executor or the solicitor who holds the will, requesting a copy.

Certain individuals, such as the deceased's spouse, civil partner, children and other close relatives, typically have the right to view the will. If you fall into one of these categories, you should be able to obtain a copy.

Seeing the will helps you understand how the estate is to be distributed and whether you have been adequately provided for. It also allows you to identify any irregularities or grounds for contesting it, such as undue influence or lack of testamentary capacity. Having a copy of the will should be considered essential for your solicitor to provide accurate and informed legal advice.

It is possible to contest a will after probate has been granted, although it can be a more complex process. Time is of the essence when contesting a will after probate; the sooner you act, the better your chances of successfully challenging the will.

You will need to take the following actions:

1. File a caveat: even after probate has been granted, you can file a caveat with the Probate Registry. This prevents further distribution of the estate while your dispute is being investigated. A caveat is typically valid for six months but can be renewed.
2. Gather evidence: collect all relevant evidence to support your claim. This might include medical records, witness statements, previous wills, and any documents that show undue influence, fraud, or lack of testamentary capacity.
3. Consider mediation: even after probate, mediation can be a valuable tool to resolve disputes without going to court. An independent mediator can help the parties reach a mutually acceptable agreement.
4. Issue court proceedings: if negotiations and mediation do not resolve the dispute, you may need to issue court proceedings. Your solicitor will help you prepare the necessary legal documents and represent you in court.

If the estate has already been distributed, recovering assets can be more complicated. The court may need to order the return of distributed assets or compensate from remaining estate assets. This is why it is vital to seek legal advice at the earliest opportunity.

Determining whether someone had the capacity to make a will is a crucial aspect of contesting a will. The person making the will must have understood the nature of the document, the extent of their estate, and the claims of those who might expect to benefit.

To have testamentary capacity, a person needs to fulfil the following criteria:

They must have understood that they were making a will and the effect of the document. This includes knowing that the will disposes of their property upon death.

They should have a general understanding of the nature and extent of their estate. They do not need to know every detail, but they should have a reasonable appreciation of their assets and liabilities.

They must be aware of the people who might reasonably be expected to benefit from their estate. This includes recognising their obligations to dependants and potential beneficiaries.

They must not suffer from any delusions that influence their decisions regarding the distribution of their estate. Any mental disorder that affects their understanding can be grounds for contesting the will.

Contesting a will on the grounds of lack of testamentary capacity requires thorough investigation and expert legal guidance. At Walker Foster, our contentious probate team is experienced in handling such cases and can provide the support and representation you need.