Frequently Asked Questions – Contesting a Will

Contesting a will is a hard but sometimes necessary process, and it can be difficult to navigate the rules and regulations that surround it.

Last will and testamentIn our experience as will dispute lawyers, we have come across some common questions that people need answers to when it comes to contesting wills. We’ve answered some of the main ones here, so you know where you stand before taking action.

Contesting A Will After Probate Is Granted

Probate is the Supreme Court’s official recognition that a will is legally valid.

 

Can A Will Be Challenged After Probate Has Been Granted?

An application to challenge a will must be brought within 9 months. A will can be challenged after probate has been granted provided it is still within the 9 months after the will maker’s death.

How To Contest A Will After Probate?

A person wishing to contest a will must serve on the executor an application giving notice of their intention. The application must be accompanied by an affidavit setting out the grounds why they believe adequate provision has not be made for them in the will maker’s will.

Is There A Time Limit To Probate A Will?

There is no time limit to obtain probate. However, an executor becomes liable to pay interest on any legacy not distributed within 1 year of the will-maker’s death.

How Much Does It Cost To Contest A Will?

Contesting a will is never easy. But in the case of it happening, who pays? The cost is also a big consideration. We do our best to give you the answers.

Who Pays Legal Fees When A Will Is Contested?

Legal fees to incurred by a party challenging a will are commonly paid from the estate.

Cost Of Contesting A Will?

The cost of contesting a will depends on many factors, including:- the complexity of the mater, the level of co-operation between the executor and the person contesting, the strength of the contesting person’s claim, how much external evidence (e.g. medical reports, forensic accountants reports) are needed to establish the contesting person’s claim and the length of time it takes to resolve the application.