However, contesting a Will is sometimes a complete was of time as it can bankrupt the estate or the person the Judge considers does not have a well thought through claim to challenge a Will.So we recommend that you pay for a professional review before you waste (potentially) thousands or tens of thousands of pounds with little prospect of success.Just because a Will has been destroyed does not necessarily mean it is no longer valid!There have been cases where Wills have been shredded, thrown into the rubbish etc etc and they have remained legally valid, though often not without contesting the Will or intestacy which would otherwise have been brought into effect.
So one set of executors may in all innocence try to obtain probate on an old Last Will.
This is a complex area as people fail to follow the very simple guidelines, and the Courts are called upon to decide if enough has been done to make the Will valid – or not.
People are very careless with their legal planning affairs (if you don’t want to be, we suggest you visit this site to avoid your will being contested!
An example would be a beneficiary threatening to put the testator into a care home unless they leave them their cash!
You can contest a Will on the basis that the formalities of signing the Will were not complied with – for example, the witnesses were not both present at the same time with the testator when they signed the Will.