Our solicitors can help you contest an invalid Will to ensure that your loved one’s wishes are faithfully carried out and you receive the inheritance you are entitled to.

When a Will is invalid, the estate will be distributed according to the deceased’s previous valid Will. If they had no previous valid Will, the estate will be distributed according to standard laws called the Intestacy Rules.

Proving that a Will is invalid can be a way of making sure that an estate is distributed fairly and according to the deceased’s true intentions. We can help you if:

A Will has been forged
The deceased had insufficient mental capacity when writing their Will
The deceased was subject to undue influence when writing their Will
The Will wasn’t properly signed or witnessed
The deceased didn’t know and approve the contents of their Will
Someone has poisoned the mind of the deceased against another person.

We understand how sensitive and emotionally charged some Will disputes can be and we’ll 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 via phone and email if you’d prefer.

Our lawyers are skilled negotiators who aim to resolve cases quickly. If your case does need to go to court, you’ll have the support of our highly experienced team every step of the way.

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. We’ll work with a range of specialists, including tax and wealth structuring experts, to help you get the most out of your inheritance.

Call us today on 0345 604 4895 – or fill out our online form and we’ll call you back.

Offices in 15 locations across the country

24/7 advice on our Will Disputes Helpline

One of the largest Wills disputes teams in the UK

Specialist mediators available to resolve disputes out of court

0345 604 4895

Or we can call you back at a time of your choice

Request a call back

Phone lines open 24/7, 365 days a year

And let us know how we can help

Freephone

0345 604 4895

Prefer not to call?

Use our form

Your name*

Your email*

Your phone number*

How can we help?*

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

Paula Myers

Partner

Meet The Team

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.
- How Do I Contest A 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 Can I Cover The Cost Of My Claim?
- There are various ways you can cover the cost of your claim, depending on your case. These include:
  - Legal Expenses Insurance
  - Conditional Fee Agreement (‘No Win No Fee’)
  - Payment on conclusion
  - Private monthly billing.
  We understand that funds and assets may be tied up in the disputed estate, and we’ll be as flexible as possible to ensure that’s not another worry on your mind. We’ll discuss the different payment options with you at the start.
  
  Your first consultation with us is completely free, and there’s no obligation to continue.
- 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