Disputes are becoming more common. Claims from disappointed beneficiaries can delay the Grant of Probate and increase the costs incurred by the estate which reduces the amount left for those the testator intended to benefit.

    There may of course be valid reasons for disputing the provisions in a Will or its validity.  In those circumstances the executors and those with grievance will need to take steps in order to protect the position and then to resolve issues as quickly as possible.   A caveat can be lodged to prevent Probate or Letters of Administration being granted.  This gives the person disputing the Will or some of its provisions a position from which to liaise with the executors to see if an amicable settlement can be reached.  The person who wishes to obtain Probate or Letters of Administration can ‘warn’ you and require you to prove your claim.

    There are many reasons why a Will may be open to challenge and these range from suspicion of fraud or undue influence to lack of testamentary capacity or failure to make provision for a legitimate dependent.