If you wish to contest a will it must be noted that there are strict time scales to adhere to. This is usually 6 months from the date of probate being granted. Therefore, it is imperative for any concerns you have to be raised as soon as possible. However, if you are contesting a will on the grounds of forgery or fraud, there are no timescales, and a concern can be raised at any future point.
A claim of a fraud will usually have to fall into one of the following categories to be investigated further.
- The original will may have been destroyed.
- The signature has been fraudulently added to the will.
- The will wasn’t signed in the presence of the witnesses.
- The deceased was coerced into signing or unknowingly signed the will.
If you do register an objection, you can place a caveat on the estate to prevent the probate being issued. The reasons for this must then be stated within eight days, or the caveat can be removed. Having the caveat in place can allow time for a solicitor to investigate your claim.