Contesting a will

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Mary55555

Registered User
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Hi All,

Under Section 117 of the succession act a child can contest their parents will.

The value of the assets are below 3m so am I correct to say the hearing would be in the circuit court?

How best to find a barrister/ Solictors to deal with the case?

Many thanks in advance
 
Go and see you local solicitor and let them advise you. I would say word of mouth in your locality is your best approach. You are obviously thinking court already but your solicitor may have other possible routes they want to try first.
 
Mary55555 said:
Hi All,

Under Section 117 of the succession act a child can contest their parents will.

The value of the assets are below 3m so am I correct to say the hearing would be in the circuit court?

How best to find a barrister/ Solictors to deal with the case?

Many thanks in advance
Click to expand...
Parents are not legally required to make provision for a child in a Will. If you are contesting the Will under S117 you will need strong grounds for such a case. If the child is left out of the Will, and you are contesting the Will, you need to ensure that there is no stated reason in the Will as to why the child is excluded.
 
A section 117 application is a mighty undertaking to be partaken of with great trepidation.

Prepare for a High Court case possibly followed by a another hearing in the Court of Appeal.

The best thing to do is to instruct a solicitor - preferably a probate expert as suggested above.
You will then need to take a well considered opinion from counsel.
Ultimately, it is your decision and your responsibility to decide whether or not to proceed.

Mediation might be a possibility.
 
DirectDevil said:
A section 117 application is a mighty undertaking to be partaken of with great trepidation.

Prepare for a High Court case possibly followed by a another hearing in the Court of Appeal.

The best thing to do is to instruct a solicitor - preferably a probate expert as suggested above.
You will then need to take a well considered opinion from counsel.
Ultimately, it is your decision and your responsibility to decide whether or not to proceed.

Mediation might be a possibility.
Click to expand...
Who would you be mediating with, the executor or the beneficiaries?
 
DirectDevil said:
The general idea is that both parties will mediate with each other - like parties to litigation - but it will be conducted through the mediator.
Click to expand...
My question was more around who is the other party if you are contesting a will. Is it the executor or the beneficiaries?
 
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