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Contesting a Will

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  • Contesting a Will

    My sister in law passed away last year and it was discovered that the family had been removed from her last Will which was made shortly before her death. I placed a caveat on probate and I sought some help from a Willwriter. The information that was uncovered was very useful and I am considering challenging the Last Will. The willwriter has informed me that he is not prepared to do any further work, although I would like him to, because it is likely to become contentious and probate services are a reserved activity and they are not authorised under the legal services act 2007. Is this right? and can anyone inform me where the red line is on how much they could do. At this time no warning has been issued against the caveat although the executors are aware. Thank you.
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  • #2
    They are correct in stating probate activities are a reserved activity
    This means they may not prepare any probate papers on which to found or oppose a grant of probate or grant of letters of administration

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    • #3
      Thank you DES8 ... just out of curiousity what is a ‘probate paper’? Would an appearance be considered that?

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      • #4
        “probate papers” are those on which to found or oppose a grant of probate or a grant of letters of administration, so yes to lodge an entry of appearance would be considered a reserved activity

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        • #5
          Yes, I think you can contest the will. Consult a legal team about it so you doing it right.

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