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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14773
Experience:  Senior Associate Solicitor
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How do I go about contesting a will. Stamford Lincs, i

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How do I go about contesting a will.
JA: Where are you? It matters because laws vary by location.
Customer: Stamford Lincs
JA: What steps have you taken so far?
Customer: i haven’t all I have done is speak to people who say that I should contest my mother in laws will. And they are prepared to be witnesses for me. But it will only be hear say. Is that possible.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No only that I have seen the will and my husband who died fourteen years ago isn’t mentioned.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

To contest a will you will need to issue a caveat at the Probate Registry which then pauses probate for 6 months (but this can be renewed) whilst the dispute is resolved. The grounds for contesting the will would be lack of mental capacity when making the will, undue influence (pressure) or the will is invalid for example. Another reason is if you feel that you have not been provided for in the will.

If the will is invalid This means the rules of intestacy apply so the spouse inherits and if no spouse then the children inherit in equal shares.

You can either do this yourself (you would need to fill in this form: https://www.gov.uk/government/publications/form-n2-claim-form-probate) and send to your local probate registry which can be found here: https://courttribunalfinder.service.gov.uk/search/postcode?aol=Probate). You will need to enclose a fee of £20 payable to HMCTS when you lodge the caveat.

Or you can use a solicitor local to you and they can deal with this application and then source the medical records to confirm lack of capacity. They will then attempt to resolve the dispute.

If you need a lawyer to act for you then there are pro bono (free of charge) lawyers who could assist you. You can try these firms for legal representation (they are a charity who connect you to pro bono lawyers) : LawWorks or http://www.nationalprobonocentre.org.uk/finding-legal-help/

Here is another: https://www.lawcentres.org.uk

And there is this one for advocacy (to represent you at a hearing) : Advocate: Finding free legal help from barristers

Or if none of the above can help, you can find a local solicitor via this site: https://solicitors.lawsociety.org.uk

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

JimLawyer and 3 other Law Specialists are ready to help you

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 7 days ago.
Thank you for you help.