Whether one is contemplating challenging a will of a deceased person on the grounds of the Testator not having Testamentary capacity at the time of making of the will or on the ground of eligibility and a reasonable basis for making a family provision application, much ground work needs to take place and time frames need to be met. There may be other grounds for mounting a challenge to a will, such as duress or undue influence being placed on the Testator at the time of making the will.
If a claim is found by a court to be clearly without merit, then there is a risk that the court may order costs against the claimant. Where reasonable grounds for making the application are established, it is likely that the Court may order that costs of the claimant be paid from the estate.
It is essential that as soon as possible after the death of the deceased some proper assessment be obtained as to the prospects of success of any proposed claim and for this purpose one should obtain advices from an experienced solicitor in this area of law. Our firm is very well experienced in this area.