Time to Contest a Will

If a potential beneficiary or heir of a will believes the will in not valid, she has the option to contest the will. A will contest must be initiated within a specific period of time from the time the will is admitted to probate, says Gordon from www.assetguardiancompany.co.uk.

Probate

When a person dies, his will must be probated before the assets can be distributed to the heirs. Probate is the legal procedure whereby a court ensures all assets are accounted for and all debts are paid before the remaining assets of the decedent (person that died) are distributed.

Time Frame

State law will determine how long a potential beneficiary of a will has to contest the will. In most cases, the time frame is rather short (less than 60 days). A will contest may be filed before the will is admitted to probate in some states or within a short period of time after the will has been admitted to probate. Each state has a probate code section to indicate when a will contest must be initiated.

Procedure

State laws will determine the exact procedure as well as who may file a will contest. In all cases, the court must be formally notified of your intention to contest the will and on what grounds you are contesting the will. A will contest can be complicated and the services of an attorney may be required.

Revocation of a UK Will

A testator can revoke a pre-existing will at any time. The entire will or a provision of the will can be changed or considered invalid by executing another will that expressly revokes the previous will. Physically destroying the previous will is another act of revocation that can be performed by the testator or by another person under the testator’s direction.

Retaining a licensed The UK probate attorney is advisable when creating a will. The attorney can make sure the document complies with all applicable probate laws and is constructed in a manner that accurately reflects the testator’s wishes.

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