Can my children dispute my Will?

Can my children dispute my Will? The Law Gazette has reported this week that there has been a surge in people challenging (or disputing) probate applications.

This is known as a ‘caveat’, and one can be entered against the application for just £3. This stops probate being granted for six months (and can be extended for a further six months). The fact that it is so cheap only encourages people to apply, even if they have no real grounds for doing so.

Reasons why someone would wish to enter a caveat can include family disputes on the death of a loved one. They feel that the deceased treated them unfairly in their Will, perhaps by excluding them, and decide they are entitled to challenge their decision. Or perhaps there are ‘blended families’ involved and Wills were not updated to include new family members.

Challenges against probate applications can result in drawn-out and costly court proceedings. This causes grieving families even more stress and, ultimately, costs the parties thousands of pounds in court costs.

Many people don’t realise just how important it is to update their Wills as soon as their family circumstances change.

How can I avoid this?

Taking advice from a solicitor ensures that you are informed of all risks before making a Will. All bases are covered and it makes certain that the Testator is able to make an informed decision. If you do wish to exclude someone from your Will, a solicitor can help you weigh up the pros and cons of doing so.

We recommend talking to your family about your wishes so that it does not come as a shock to them after your death. This will help to reduce the likelihood of anyone challenging your Will. Our solicitors can help you with ways to do this.

Solicitors must confirm you have mental capacity before you make a Will. It is very common for families to challenge a Will based on the Testator’s lack of mental capacity when they made their Will. If you seek advice, the solicitor will be able to prove to any court that you had the capacity to do so.

Browns Solicitors offer a free Discovery Session to anyone wishing to review their existing Will or make a new one. We can discuss how we are able to help, advise you on the process and confirm fees. We acknowledge that the cost of a Will is not cheap. However, for the advice we give, and the peace of mind obtained, it is worth the investment.

We are friendly, local solicitors who try to make this challenging process as easy as possible for our clients. Call us today on 01268 565769 for more information or to book an appointment.

Glossary

Probate – a court order issued by the Probate Registry authorising the distribution of the estate to the beneficiaries when there is a valid Will and at least one surviving Executor.

Beneficiary – people who inherit the estate of the person who has died.

Executor – the people chosen by the Testator to collect their assets, pay outstanding bills and distribute the balance of their estate.

Estate – all the money and possessions owned by the Testator.

Testator – a person who makes a Will.