Contesting a Will

How long will my contesting of a will take


How long will my contesting of a will take

Challenging a will can be costly and time-consuming as well as emotionally draining. If you think you have grounds for contesting a will it is important to get legal advice and move quickly, preferably before probate is granted.

You can lodge a ‘caveat’ at the Probate Registry which means probate cannot be granted without notice to the person who lodged the caveat.

If the other beneficiaries do not think you have grounds for challenging the will, they can issue a short document known as a ‘warning’. This sets out their reasons for objecting to any claim. The challenger can then decide whether to carry on and lodge another short document known as an ‘appearance’. This must be filed within eight days of the warning being served on them. Access Legal can guide you through this process.

The time it takes also depends on the route you choose to contest the will and the amount of evidence required to support your challenge. It may take a while to obtain complete medical records and reports from psychiatrists and specialists in geriatrics, for example, if your challenge is based on lack of testamentary capacity.

We will always aim to resolve things as quickly as possible, preferably through negotiated agreement without the need to go to court. However, depending on the size and complexity of the estate, it could take anything from a few months to several years to conclude a challenge to a will.

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