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  • Contesting An Invalid Will

Contesting An Invalid Will

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Services in: Contesting An Invalid Will

    • Challenging A Will Due To Lack Of Testamentary Capacity
    • Contesting A Will Due To Undue Influence
    • Forged Wills & Probate Fraud

Our solicitors can help you contest an invalid Will if you don’t think it reflects your loved one’s true wishes. If you think a Will is invalid, it’s important to act quickly.

  • When is a Will invalid?
  • How to contest an invalid Will
  • How long do you have to contest an invalid Will?
  • How much does it cost?
  • Why choose us?

For a consultation about your case, call us on 0345 604 4895 or contact us online.

When Is A Will Invalid?

A Will might be considered invalid if:

  • The Will has been forged
  • The deceased lacked mental capacity when writing their Will (also known as lacking “testamentary capacity”)
  • The deceased was manipulated or pressured when writing their Will (known as “undue influence”)
  • The Will wasn’t properly signed or witnessed
  • The deceased didn’t know and approve the contents of their Will.

If a Will is found to be invalid, then the estate would be distributed according to the previous valid Will. If there wasn’t a previous Will, then the estate would be distributed as if the deceased had never made a Will (intestacy).

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How To Contest An Invalid Will

If you think a Will is invalid, it’s important to act quickly. Contact us as soon as you can and we can start investigating your claim.

Most will disputes are settled out of court, using processes such as mediation. Our lawyers are skilled negotiators who aim to resolve cases quickly. However, if your case does go to court, our experienced team will support you every step of the way.

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How Long Do You Have To Contest An Invalid Will?

There is no time limit for challenging the validity of a Will.

However, if you delay and the estate is administered in the meantime, you may lose out entirely. In all cases it’s best to get legal advice as early as possible.

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How Much Does It Cost?

We’ll work with you to agree a payment option that suits your circumstances.

There are several ways you could pay for your case, including:

  • No win no fee
  • Legal Expenses Insurance (which you may already have as part of a home insurance policy)
  • Payment on conclusion
  • On a monthly basis.

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Why Choose Us?

We understand how sensitive and emotionally charged it can be to challenge the validity of a Will. Our lawyers will always aim to make things as stress-free as possible. You can visit us at one of our offices around the UK or we can handle everything by phone and email if you’d prefer.

We’ll work hard to get you the inheritance your loved one would have wanted. As part of one of the UK’s top-rated Private Client teams, we’re highly experienced with complex investment structures, international assets, and valuable property portfolios. Whatever the nature of your dispute, we’re ready to help.

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Contact Us

Call us today on 0345 604 4895 or contact us online.

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Contesting An Invalid Will - More Information
    • Who Can Contest A Will?
    • You may be able to contest a Will if you feel that you have been unfairly left out or that that Will doesn’t provide for you enough. This includes:

      • If you are named in the Will but received less than you expected
      • If you were financially dependent on the deceased and have not received enough in the Will
      • If you have been left out of the Will entirely
      • If the deceased promised to give you something before they died, but didn’t
      • If you are worried that the Will doesn’t accurately reflect the deceased’s wishes.

      Whatever your concerns about your loved one’s Will, our specialist team can advise how best to put things right. Call us today on 0345 604 4895 to find out more.

    • What's The Process For Contesting An Invalid Will?
    • Making a claim will differ slightly depending on the circumstances of your dispute, but it’s usually made up of the same steps:

      1. Investigation

      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.

      2. 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.

      3. Court

      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.

    • How Long Will It Take?
    • Most claims take less than a year and don’t have to go to court. However, every case is different and time spans depend on the type of dispute and your individual situation.

      Some disputes can be resolved quickly and amicably in a matter of months, but others might take years to conclude and involve going to court several times.

      We’ll advise you at the start how long we think it will take. Whatever the situation, we always aim to resolve your dispute as quickly and efficiently as possible. We understand that this is a difficult time, and we’re here to help you through.

    • Will I Have To Go To Court?
    • Most disputes can be resolved by negotiation and discussion, without having to go to court. However, sometimes this isn’t possible and court is the only way.

      We understand that most people would prefer to keep their dispute out of court, and we will always do everything we can to try and reach an agreement by mediation. However, if your dispute does have to go to court, we will support you at every stage. We have the experience to handle court disputes efficiently and effectively, to achieve the best outcome for you.

    • How Much Does It Cost? Who Pays?
    • The cost of a Will, trust or estate dispute varies from case to case, depending on time, complexity, and whether or not you have to go to court.

      A dispute can be settled at any time if the parties can come to an agreement, and they can then decide how to split the costs between them. However, if an agreement can’t be reached and the case has to go to court, the court will decide how the costs will be paid.

    • Meet The Team
    • Our Wills, Trusts and Estate Disputes team is the largest in the UK and we have offices across the country. We are experienced in managing high-net-worth and ultra-high-net-worth claims as well as less complex ones.

      We’ve resolved some of the country’s most high-profile disputes and are particularly experienced with the unique challenges of multi-jurisdictional wealth management structures, rural property and inheritance tax.

      We are recommended by the leading legal guides and pride ourselves on the strong relationship we build with our clients in what is often a very trying time.

      Meet the team

My legal team has held my hand throughout, they have been incredibly patient and understanding"

Joy Williams, client

Frequently Asked Questions

What Is Testamentary Capacity?

Testamentary capacity is the legal term used to describe a person’s mental capacity or ability to make or alter a testamentary document, such as a Will.

In general terms, someone must be ‘of sound mind’ to make or alter a Will. The legal test for someone having testamentary capacity is if they:

  1. Understand that they are making a Will
  2. Understand that the Will disposes of their assets after their death
  3. Understand what assets are disposed of by the Will
  4. Understand which beneficiaries may have a claim on their estate
  5. Aren’t suffering from mental illness which affects their ability to decide the fate of their estate.

If it is proved that someone did not have testamentary capacity when they made a Will, the Will is invalid.

A solicitor or Will writer should only accept instructions from clients that they believe to have testamentary capacity. As such, if they have concerns about this, it’s often prudent practice to request medical evidence before accepting instructions, or to ask a medical professional to act as a witness. That medical professional should be aware of and understand the legal test for testamentary capacity.

If you're concerned that someone did not have testamentary capacity when they made their Will, we can help. Call today on 0345 604 4895 or fill out our online contact form and we’ll call you back.
 

Read More... Read Less...

How Do You Prove That A Will Has Been Forged?

We'll enlist experts to analyse the Will and assess whether it has been forged. A handwriting expert, for example, can help determine whether a signature or even an entire handwritten Will has been forged.

We’ll then use this evidence to support your claim.

Fraud prevention is one reason Wills must be signed (or the signature acknowledged) in front of two witnesses who cannot also be beneficiaries of the Will. 

If you are worried a Will has been forged, we can help. Call today on 0345 604 4895 or fill out our online contact form and we’ll call you back.

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What Can I Do If I Think There’s A Mistake With The Will?

You may be able to claim if mistakes made by the Will writer mean you’ve received less than you were expecting from an estate or nothing at all. This can happen when a Will isn’t drafted in accordance with the deceased’s instructions or isn’t executed properly, or in some cases not executed at all.

For example, you could claim if: 

  • Unnecessary delays meant that the deceased didn’t sign the Will before their death, despite having given clear instructions to the Will writer
  • The witnesses did not actually witness the deceased sign the Will or acknowledge his/her signature in their presence
  • The Will doesn’t reflect the deceased’s intentions and instructions

If you’re disappointed with what you’ve been left in someone’s Will, our solicitors can investigate whether or not you’ll be able to make a claim. Call us on 0345 604 4895 or contact us online to find out more. 

Read More... Read Less...

Related Information - Contesting An Invalid Will


Contesting A Will – What to do if you're left out of a Will or you believe the Will of a loved one isn't correct Read More
Testamentary Capacity – We can help contest someone’s Will if they didn't have the mental capacity when they made or changed it Read More
Undue Influence – Our lawyers can help if you think a loved one's Will has changed because they we forced or manipulated to change it Read More
Forged Wills – We can help you defend an estate against forged Wills and other forms of probate fraud Read More

Awards & Accreditations

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

Private Client Team of the Year - Legal Business Awards 2018
Chambers & Partners 2020 logo
Logical and Practical Approach
A well-structured team which benefits from a robust leadership - they take a logical and practical approach to problem solving"
Legal 500, 2020
Robust Leadership
A very strong team
Legal 500, 2020

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I am very pleased with the help I received from Irwin Mitchell.

Everything was explained to me quite clearly before they took on my case, and because they were confident that I had a case, I felt confident that they would…

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The service I received from Irwin Mitchell was impeccable. I was carried along from start to finish. Claire King was amazingly awesome. All the Customer Service Representatives was absolutely polite and professional…


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From the first call to the end of the process they were highly professional and supportive.

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