How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JustAnswerKM Your Own Question
JustAnswerKM
JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 42
Experience:  Court of Protection, civil litigation, divorce and inheritance
90849391
Type Your Law Question Here...
JustAnswerKM is online now

What is the process to formally state you are contesting a

Resolved Question:

what is the process to formally state you are contesting a will. I have informed the executor I want to contest and I am acting for myself.
The executor has lied about the heritable rights and was responsible for a ransacking of his home prior to being made executor.
The deceased had advanced dementia
Submitted: 1 year ago.
Category: Law
Expert:  JustAnswerKM replied 1 year ago.
Good evening Thank you for your message. I will do all I can to help.You have stated that the deceased had advance dementia. If they had dementia at the time they made the Will, it is a ground for contesting a Will because the testator (deceased) would not have had the testamentary capacity to understand the content of their Will therefore making it invalid. However, as you are considering Court action is is important that you obtain as much evidence as possible to support your claim.Firstly, if you have sought legal advice from a Solicitor in the matter they may have told you that before you start Court action, it's good practice to send the opponent (executor) a what's called a 'letter before claim' also known as 'letter before action'. The CAB guidance notes are helpful: https://www.citizensadvice.org.uk/consumer/going-to-court/going-to-court/taking-court-action/step-one-write-a-letter-before-action/ Next, you may wish to enter a caveat with the Probate Registry to prevent a Grant of Probate being taken out and the assets of the estate distributed. This costs £20. Please follow the steps in the link: https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation If a solicitor prepared the Will, request details regarding the Will’s preparation and locate the witnesses to the Will to find out the circumstances surrounding the execution. Medical evidence of the deceased's advanced dementia is crucial therefore obtain their medical records. There may be a fee for this. Even if the medical records are not supportive of a claim concerning mental capacity, if there are witnesses confirming the individual lacked such capacity, it may be possible to still to contest the will. Once you have carried out the first steps and you are satisfied that you have a strong claim, you can begin drafting the Court application by completing a n208 Part 8 claim form. I have attached a copy to this message. If the matter does become overwhelming, do consider speaking to a Solicitor who can guide you on the best way to set out your claim. Where a Will is successfully disputed and the court confirms the Will is invalid, if there is not an earlier valid Will, then the testator’s estate will be distributed according to the intestacy rules. I hope that helps. Best of luck, Kind regardsKrystel*Please rate my answer so I can be credited for it.
JustAnswerKM and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Does the advise include Scots law?
Expert:  JustAnswerKM replied 1 year ago.
Thank you for your rating. I'm afraid it doesn't include Scottish law. The procedure may be identical but it's best you speak to a Solicitor who specialises in Will disputes in Scotland.