Challenging The Validity Of A Will

Both the Wills and Probate publications have been augmented with a treatise on challenging the validity of a will. This includes an appreciation of The Non-Contentious Probate Rules 1987 which apply where there is no challenge or question as to the validity of a will. A grant in these circumstances is said to be made ‘in common form’ and interestingly these grants are revocable. For instance, a person adversely affected can apply to the court to compel the person who obtained the grant to prove the will in ’solemn form’ as part of a contentious claim before the courts.

The commentary discusses instituting proceedings and each of the grounds that might be established for the court to find that the will is invalid.

More information is available in the Estate Disputes guide.