Grant of Probate, To Be or Not to Be?

That is the question you may have if a relative has passed away recently and left a Will.

One of the trends of modern society is that generally we are all living for longer. The National Office for Statistics recently announced that average life expectancy for new born males is 79.2 and for females it is 82.9.

With people living for longer and often in a poorer health it is becoming increasingly common for Wills to be challenged on the basis that they are invalid or the person making the Will did not have capacity to make a Will.

It is also possible to challenge a Will on the basis that undue influence has been used or that the person making the Will did not have sufficient knowledge about the contents of a Will

If you wish to challenge a Will, it is possible to apply to the Probate Registry to put in a caveat to prevent another person from taking out a Grant of Representation. Putting a caveat in place allows a breathing space to enable more evidence to be gathered or to allow the people involved time to come to an agreement between themselves.

If you would like advice on whether or not the placing of a caveat is the right thing to do for your circumstances, please contact Sarah Spence on 0116 2628 596 or at sarah.spence@dodds-solicitors.co.uk for further advice.