Do you dispute a will or have suspicions over how it was made?
Unfortunately in some cases when a loved one dies the grieving process is marred by confusion over the will he or she has left. It may be that it was signed shortly before their death when they were unaware of what they were doing, it does not look entirely genuine or you believe someone heavily influenced them into taking action, which was inconsistent with previous wishes.
Lemon & Co frequently advise family and friends who find themselves in one of these positions. If it is likely that someone else will apply for a grant of probate then what is most important is that you request that a caveat is placed at the probate registry. A caveat is a notice that no grant be sealed in the estate of the deceased without notice being given to you. This means that should anyone try to obtain a grant of probate they will be told that you have placed a caveat on the register and usually issue a warning to you. Within 8 days (including the day you received it) you must take action otherwise the caveat ceases to have effect.
A caveat will not prevent a grant of probate if the applications are received on the same day so you need to take this action as soon as possible. The caveat only lasts for 6 months so an application to extend has to be made before that time has expired. Extreme care has to be taken when naming the deceased to avoid a grant of probate being obtained in a different name (for example Catharine, Catherine, Katharine, Katherine or Kathryn Smith).
Be aware that although a grant of probate is needed in order to sell property banks and building societies often pay out the money in their accounts on receipt of a death certificate and a copy of the will, especially if the balance in the account is not significant. Therefore if the individual is named as executor in the will they may be able to secure all the monies without needing to obtain a grant of probate. If you think this may happen notify Lemon & Co as soon as possible so action can be taken before it is too late, particularly if the executor was born abroad or has contacts who they may return to.
The next thing Lemon & Co will do is obtain as much information as possible. This would include details of the situation surrounding the making of the new will from witness evidence as far as possible, the person's medical records and evidence of members of the family who had seen the deceased around the time of death.
As it is a distressing time for everyone it is important to keep calm when providing evidence. You can assist greatly by providing as much information as possible, including any supporting documentation (for example other documents the deceased signed) and details of others who can help (friends, neighbours, GP).
If the new will was made with a firm of solicitors they will be asked to provide details of what happened. If the authenticity of a will is challenged we may instruct a handwriting expert. All that is generally required for a will to be valid is that it is in writing, it is signed by the person so as to give affect to the document and it is signed in the presence of two or more witnesses. This means that very brief home-made wills on scraps of paper may inadvertently be valid wills.
Once we have all the information we at Lemon & Co then act as investigators and piece all the evidence together to see if a claim can be made. How much time and money is spent on this will quite often depend on the size of the estate. It may also be possible for you to reach a settlement as all parties may not want to enter into long and costly litigation.
No-one wants to be in the position of having to fight family members or friends after the death of a loved one. You cannot ignore any doubts you may have. If you do have any suspicions, however small, please contact Lemon & Co immediately before it is too late.
This article gives a general view and cannot be relied upon in any particular case. The need for specific legal advice must always be considered. For further information, contact Catherine Green by email on catherine.green@lemon-co.co.uk or alternatively, please visit our website at www.lemon-co.co.uk for articles on other legal issues.
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<p><strong><a href="http://www.lemon-co.co.uk/article_dispute-will-suspicions.php">Do you dispute a will or have suspicions over how it was made?</a></strong><br />
Do you dispute a will or have suspicions over how it was made...</p>