If you’ve been left out of a Will, haven’t been left as much as you expected, or think the Will is wrong in some way, you might be able to contest it. Contesting a Will is the legal process where you question the legitimacy of a Will or how the estate is allocated by the Will.
Contesting a Will can feel daunting, but our Will disputes solicitors have the expertise to support you through the process.
We can also help you if you’re an executor defending against a Will dispute.
For a consultation about your case, call us on 0345 604 4895 or contact us online.
Usually, anyone who's listed as a beneficiary of a Will can contest a Will. This includes:
- Children - both minor and adult children.
- Spouses and civil partners - have specific legal rights allowing them to make financial claims under the Inheritance (Provision for Family and Dependants) Act 1975.
- Dependents - someone who was financially dependent on the deceased may have the right to content a will.
- Someone who promised something in a previous Will - if someone was promised something in a previous Will but that promise wasn't kept, they may have grounds to contest a Will.
- Executors of the Will - if the executor of the Will believes the Will doesn't accurately reflect the deceased's intentions, they can challenge the Will.
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You may have grounds for disputing a Will:
- If the Will was invalid in some way, perhaps because the deceased lacked mental capacity to make it, was improperly influenced by another person (undue influence), or because the Will was not properly signed or witnessed (lack of valid execution).
- It's a forged Will and there was any form of probate fraud which is any dishonest behaviour intended to help gain personal benefit from someone's estate who's passed away. Examples include forging a whole Will or destroying someone's Will without their permission.
- You were not properly provided for in the Will and were financially dependent on the deceased. In these cases, you might be able to make a claim under the Inheritance Act.
- The deceased promised you something before they died, but did not put it in their Will.
- Someone is asking the Court of Protection to make a statutory Will for a person who lacks mental capacity, but you don’t think it reflects their wishes.
- Lack of Testamentary Capacity - the testator lacked the mental capacity to understand what they were doing when the Will was made.
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Initial consultation: seek legal advice
If you’re thinking about disputing a Will, it’s important to seek legal advice from our solicitors as soon as possible. The time limits for making certain types of claims can be quite short, so acting quickly will help make sure you don’t lose your right to claim.
Gather Evidence
We’ll examine the Will and any related documents (this might be property deeds, trust accounts, previous Wills made by the deceased).
If relevant, we may also gather medical evidence about the deceased, to understand their condition when they made the Will. This would be particularly important in disputes over whether or not someone had mental capacity to make a Will.
We might also get witness statements from those who knew the deceased, to better understand the full circumstances in which the Will was drawn up.
These investigations will help us confirm whether you can make a claim, and what type of claim it will be.
Mediation
Most disputes can be settled by an alternative dispute resolution method, such as mediation. This means that you don’t have to go to court, which can be costly and time-consuming.
Mediation typically takes place on one day, with a professionally trained mediator present as a neutral third party. The mediator’s role is to try to help you reach an agreement with the executor and the other beneficiaries.
Court Proceedings (if necessary)
Some disputes cannot be resolved by mediation. If this is the case, the matter will have to be settled in court. This is rare, however – and if it does happen, we have the expertise to secure the best outcome for you.
Whatever the circumstances of your dispute, we’ll support you every step of the way – and we’ll give you a clear idea at the start of how long we think it will take, and the outcome we think you can expect.
Resolution/outcomes
If you disagree with the decision, you can appeal. This is something we can support you with.
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What’s the time limit for contesting a Will?
This will depend on the type of claim you’re making. You may need to start your claim within six months of probate being granted.
If more than six months have passed, you’ll probably need to apply to the court for permission to make your claim.
If you want to dispute whether a Will is valid, there is no time limit to making a claim.
In all cases it’s best to investigate whether you have a claim as early as possible.
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How much does it cost to contest a Will?
Things that could impact the cost of contesting a Will includes:
- Complexity of claim - the more complex contesting the Will is, the more likely it is to cost more
- Out-of-court settlement - if the case can be settled using mediation or through negotiations, this can reduce costs
- Court proceedings - if the case goes to court, this can increase the cost
- Funding - the type of funding you use can reduce costs.
The majority of our clients pay privately for our expert advice. In certain circumstances, it may be possible for us to offer you a funding arrangement. However, this is subject to assessment (which will incur a charge) and at our discretion. Funding may include:
- Private fee paying (most common)
- Legal Expenses Insurance –check your policies of home/car insurance to see if you have cover
- Payment on conclusion
- Conditional Fee Arrangement.
The options available may vary depending on certain factors. These include:
- The type of claim
- The value (to ensure costs remain proportionate)
- The number of parties and the risks we identify.
If appropriate, we'll discuss any options available for your particular claim at the outset.
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Why choose us?
Our Wills, Trusts and Estate Disputes team is the largest in the country, operating out of offices across the UK. We can deal with disputes of all shapes and sizes, including those that involve international assets and rural property.
Contesting a Will can be a sensitive matter between family and loved ones and may be even more challenging if the estate is large or complex. We have the expertise to guide you through the process and will always strive to resolve your dispute as smoothly as possible.
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Resolved some of the UK's most high-profile disputes
Specialist mediators available to resolve disputes out of court
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