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is there a threshold to be met before someone can challange Will and take it to court etc

(11 Posts)
RosaGertrudeJekyll Mon 15-May-17 18:38:06

So as far as I know in Wills there are three main criteria, was the maker competent, sound of mind, was the Will maker aware of their estate to give away and were they intimidated into it.

If a Solicitor who made the Will - made it with the happiness that these criteria were met, can someone randomly contest it - even if they were left with a behest in it? Before it went to court would there be checks somewhere? And how would any disprove those things IF a solicitor made the Will, ie not a homemade Will....

And if someone can contest it still, whats the process to do that. Ie - as an executor - how would this hold me up - or affect me.

CormorantDevouringTime Mon 15-May-17 18:44:22

There's other grounds for challenge - most notably if someone has previously been financially supported by the deceased. So if you're a single parent with five young children and you make a sane and considered decision to leave everything to the sunshine home to blind donkeys then there's no chance that that will stand up in court - even if you left each child a token fiver.

Basically if you've got the money to throw away on a court case then you will be able to hire a lawyer to take your case, however doomed, but the more bonkers it is, the more likely it is that the other side will be able to get it thrown out of court at an early stage.

There is such a thing as executor protection insurance by the way.

RosaGertrudeJekyll Mon 15-May-17 18:46:52

Oh, whats executor insurance for shock

NO person was not financially dependent on deceased and has no DC. They were left behest as well. Just wondering how much time and problems could be caused if there is no threshold.

CormorantDevouringTime Mon 15-May-17 18:51:23

Ooh hang on. Question 1. Is everyone in England/Wales? Because if not you need to repost with the country in capital letters.

RosaGertrudeJekyll Mon 15-May-17 18:53:34

grin Yes in England and Wales does that make difference...

CormorantDevouringTime Mon 15-May-17 18:56:19

Ok, that limits the ability to challenge. Google Executor Protection Insurance - it would be what you're looking for to give you peace of mind, but if you've already had a letter saying "I'm going to sue you" it may be too late? Check the small print.

RosaGertrudeJekyll Mon 15-May-17 19:00:16

ok thank you smile But you do think there is a threshold that has to be met first.

CormorantDevouringTime Mon 15-May-17 19:12:28

The threshold is "having enough money to throw away to prove your point" unfortunately.

RosaGertrudeJekyll Mon 15-May-17 19:31:59

Ah OK but I assume people can also represent themselves however I imagine there are court fees to pay as well do lodge things...

RosaGertrudeJekyll Mon 15-May-17 19:54:52

I suppose the other question is - if someone has accepted their Behest can they challenge the Will ( because then they may have some funds to do it grin)

LineysRun Mon 15-May-17 20:11:36

If the bequests are accepted, the estate is effectively being wound up, in my experience, which indicates acceptance of this finality.

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