Contesting a Will

The most common contentious probate claims that we see are disputes based on the will not being valid or claims where a person feels that they have not been adequately provided for.

Contesting the validity of a will

Wills can be challenged on various grounds, including:

• Undue influence – for example, the deceased was put under pressure when making the will.
• Lack of mental (testamentary) capacity – for example, if the deceased was suffering from dementia when they signed the will.
• Lack of knowledge/approval – for example, if they were not aware that changes were being made to the will
• Invalid execution – for example, if the will was not signed correctly.
• Fraud – for example, if the deceased’s signature has been forged.

It is important to note that the will cannot be challenged because it is deemed to be ‘unfair’ by one party. Under English law, a person is free to leave their estate to whomever they wish as long as they have capacity and the will has been executed correctly.

However, in certain circumstances, some people who were financially dependent on the deceased may be able to make a claim under the Inheritance Act 1975.

Defending a contested will

We also offer advice to executors and beneficiaries when a will has been challenged. We will assess the claim and provide advice on the likelihood of success in defending the claim. We will also provide advice and guidance on how to negotiate a settlement, if appropriate.

How our inheritance act claims solicitors can help you:

• Meet with you to discuss your matter and let you know if you have a strong case and talk you through all of the available options
• Guide you through each step, whether you are making or defending a claim
• Make sure your application is submitted within the time limit.
• Try, where possible, to make sure disputes are resolved by negotiation and mediation rather than by incurring the cost of going to court.

Frequently asked questions