Are You Considering Contesting a Will? - By: Tim Bishop

The death of a family member or loved one often causes emotions of grief, pain and shock, but sometimes, when the Will is read, these feelings can get worse, especially if you weren't expecting the outcome.

If you suspect the Will is not right, you might want to challenge it. This is known as contesting a Will. Good lawyers, specialised in this area, know how to deal with these cases and can act with discretion and tact. Your first aim should be to reach a quick result that doesn't cause arguments or ruin family relationships. And, if possible, you want to do this avoiding Court. Whilst a lawyer deals with facts, not emotions, he or she can advise and offer guidance with the procedure.

Why contest a Will?

English Law sets what is called 'testamentary freedom' (the ability to write a Will benefiting any person you wish). However, sometimes injustices are carried out and they can only be righted by contesting the Will. Most cases are resolved without the need to go to Court. However, if someone is omitted altogether, and the Will might have a large impact on their life (for example, if they are a dependant or an under-age child), then it is advisable to speak to a lawyer.

Am I eligible to contest the Will?

A solicitor can help you determine if you have grounds for contesting a Will. Roughly speaking, the Inheritance (Provision for Family & Dependants) Act 1975 allows for a wide variety of people to contest a Will. These could be spouses, children - including adult children, former spouses and dependents of the person who died.

What is the cost?

There are occasions when the stress of making an inheritance claim just isn't worth it. If the process becomes too lengthy due to the case not being very strong, you could end up paying more than the outcome was worth.

A lot of solicitors will give you a free initial consultation that will then enable them to give you a more accurate quote that reflects the amount of work needed. But don't just shop around on price. Contesting a will is an area of law that is very specialist, so you should always consult a solicitor who is also specialist in the area - or you might come to regret it later on. As with most things that fall into the legal sphere, contesting a Will should be conducted with time and care.

Give thought to this process; a potent mix of emotions can make anyone take the wrong or rushed decision.

About the Author

Tim Bishop is senior partner at Bonallack & Bishop, a firm of solicitors experienced in contesting a will who can advise on your inheritance claim. He is responsible for all major strategic decisions and has grown the firm by 1000% in 13 years. Tim has plans for further expansion, seeing himself as a businessman who owns a law firm.

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