Contesting A Will
It is unfortunate for grieving families that will disputes are relatively common. The Inheritance Experts can help if you believe you have grounds to contest a will, or if you are the executor of an estate where the legality of a will is in dispute. We work with leading solicitors in the field of wills and probate to ensure any dispute is resolved as quickly as possible with the most positive outcome for you and the estate’s rightful beneficiaries.
Grounds for Contesting a Will
Under the Inheritance (Provision for Family and Dependants) Act 1975, there are several reasons a person may have legitimate cause to challenge a will:
- The will was not drawn up legally, or the signature witnessed correctly
- The will is believed to be fraudulent
- The testator was mentally incapacitated or did not understand what they were signing
- The testator was under undue pressure to sign the will
- The contents of the will did not reflect a promise made in life
- Adequate provision was not given for financial dependents
How to Contest a Will
You need to be a potential beneficiary or be acting on behalf of one, to contest a will. In most cases, there is only a legal window of six months to contest a will once probate has been granted so talk to your solicitor about obtaining a caveat. A caveat can extend the period you have to prepare and prevent a successful claim up to 18-months (a potential 12-month period for the caveat, then six months after it has been issued).
We appreciate that contesting a will can put an unbearable strain on important family relationships so we do all we can to be considerate of this while still protecting your interests and acting on your behalf. Contesting a will does not mean you will have to go to court – a significant proportion of claims are resolved through mediation without the need for a legal hearing.
Contesting a will is rarely straightforward – When you include what can be strong emotions between family members who have recently lost their loved one, it makes it even more important that you get expert legal advice at the earliest opportunity.
The Inheritance Experts can support you through a successful claim, or help you protect your rightful inheritance if a claim is made against a will where you are the beneficiary. Contact us to find out more.
Our areas of specialism include
- Inheritance Act claims
- Contested Court of Protection
- Disputed Wills
- Estate disputes
- Burial disputes
- Disputes over the identification of beneficiaries
- Fraudulent Wills
- Will challenging – Lack of mental capacity
- Asset and property disputes
Why should you contact us?
Fixed Fee Lawyers
We offer fixed fees for Wills, Probates & Lasting Power Of Attorney. Our Inheritance department covers all aspects of preparing wills and dealing with a person's assets after they have died.
Our experienced solicitors are experts at dealing with inheritance disputes effectively and efficiently.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Solicitors
You will be allocated your own expert solicitor who will be there every step of the way.
An example of a successful claim involved siblings who were left orphaned when their father died, their mother having passed away some years earlier. The father left his estate in its entirety the older sibling, cutting the younger from his will entirely without explanation.
In the last year of his life, the father asked the younger sibling, who was single and had no dependents, to move back into the family home so the father would not have to move into sheltered accommodation. The younger sibling took a lower paying job closer to home and did as their father requested, reducing their financial independence in the process. They successfully contested the will on the premise that their father had promised their financial and career sacrifice would be recognised in the distribution of assets when he passed away. The dispute was resolved through careful mediation which ensured the younger sibling received appropriate recognition without damaging the siblings’ relationship.