Max George, former member of The Wanted, was in the news recently for attempting to write his Will on his iPhone while in hospital. Whilst people may think, “At least he’s getting his affairs in order,” unfortunately, good intentions...
If you believe you have valid grounds for contesting a Will, seeking professional legal advice early is essential to avoid delays and minimise stress on family relationships. At Roythornes, our experienced solicitors will guide you through the process with sensitivity and expertise to help you achieve a fair resolution
Challenging the validity of a Will, or perhaps challenging the executor of a Will directly, can be done in several different ways. Regardless of the circumstances, it is vital to act promptly and efficiently, as the execution of a Will is often completed relatively quickly.
Our expert Will dispute solicitors will guide you through each step of the process, from assessing your unique circumstances and gathering evidence to serving paperwork and achieving a fair outcome tailored to your needs. We prioritise conciliatory solutions to preserve relationships, such as mediation and arbitration.
At Roythornes, our solicitors can help you to contest a Will on the grounds of:
- Lack of appropriate formalities
- Forgery or Fraud
- Lacking mental capacity
- Undue Influence
- Disagreements regarding asset dispersion
Get in touch with our contesting a Will solicitors today
At Roythornes, we can provide expert support with Will disputes. To access help today,
contact our team in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.
Our legal expertise in contesting Wills
Lack of appropriate formalities
Under section 9 of the Wills Act 1837, a Will is invalid if it does not meet specific legal formalities, such as correct witnessing, signing, or testator intent. If you suspect a Will was not properly executed, we can help you assess its validity and take action where appropriate.
Our solicitors will examine your circumstances and assess whether you can contest the Will due to a lack of appropriate formalities.
If so, we will help you to gather the key evidence and put together the necessary documentation on your behalf.
Forgery or Fraud
Challenging a Will for forgery or fraud is complex and requires substantial evidence, such as handwriting analysis or witness testimony. Our team will work with you to investigate the matter thoroughly and gather the necessary evidence to support your claim.
With the help of a specialist Wills solicitor, however, you may be able to find grounds to challenge a Will due to fraud.
Lacking mental capacity
A Will may be invalid if the testator lacked mental capacity when it was created. This includes being unable to understand the value of their estate, the consequences of their decisions, or the terms of the Will.
If you believe the testator did not understand the nature of their decisions or the extent of their estate, we can obtain medical evidence and witness statements to support your claim.
Rest assured that we can assist you if you believe the testator lacked mental capacity when their Will was drawn up, signed, or both.
Undue Influence
Proving undue influence requires evidence that the testator was coerced into making their Will. This often involves demonstrating a position of dominance or manipulation by another party.
Our solicitors can help you to challenge a Will due to undue influence, offering you a chance to set things straight and ensure assets are fairly distributed. We will carefully investigate and present evidence to ensure the testator’s true intentions are upheld and protect their interests.
If you suspect undue influence, or believe that you have other appropriate grounds for challenging a Will, please get in touch today.
Disagreements regarding asset dispersion
One of many reasons to contest a Will is a disagreement over the asset dispersion. Perhaps you were promised something, and the Will did not reflect that, or the testator failed to properly provide for you as a dependent.
Under the Inheritance (Provision for Family and Dependants) Act 1975, you can claim reasonable financial provision if you were not adequately provided for in the Will.
Our team will assess your circumstances and efficiently guide you through the claim process. We can help you to put together the necessary evidence needed to contest a Will and pursue fairness on your behalf.
There are various reasons for challenging a Will, and if you are unsure whether you may have a claim, rest assured we can assist you.
Frequently asked questions about contesting a Will
What is the importance of early advice when challenging a Will?
Early advice is vital to successfully contesting a Will. It can be difficult to determine whether or not you have reasonable legal grounds to bring the claim until you have consulted a legal professional.
Entering a caveat at the Probate Registry stops the executors or administrators from obtaining the grant of probate, therefore stopping the estate’s distribution.
Can you challenge a Will?
Yes, you can challenge a will, even if you are a named executor, but you do need to have grounds and know how to go about it.
We advise that you consult our contesting a Will page, or contact our experts to discuss your circumstances.
How do you contest a Will?
A solicitor can help you to contest a will by putting together your bespoke claim, but first should consider the entry of a caveat to the Probate Registry office.
This will stop probate from being granted. This gives you time to challenge the Will and have your solicitors speak to the opposite party.
Can you challenge a Will after probate?
Yes, challenging a Will after probate is an option, but it is more difficult because the estate may already have been distributed. Acting quickly can prevent this, so we recommend seeking advice as soon as possible.
How long do you have to challenge a Will?
The time limit for challenging a Will depends on the type of claim. For claims under the Inheritance (Provision for Family and Dependants) Act 1975, you must file your claim within 6 months of the Grant of Probate. Challenges based on fraud, forgery, or lack of capacity have no fixed time limit, but acting promptly is essential to preserve evidence and improve your chances of success.
We aim to resolve Will issues as efficiently as possible and will work within your time limit to get you a favourable outcome.
You may be contesting the Will under the Inheritance (Provision for Family and Dependants) Act 1975, in which case you only have 6 months, starting from the grant of probate.
Alternatively, you may be contesting the Will due to lack of testamentary capacity, undue influence, or fraud, in which case you face no legal time limit. However, it can be more challenging to contest a Will as time passes.
How much does it cost to challenge a Will?
We prioritise cost transparency from the outset. For straightforward cases, we may offer fixed fees, while more complex disputes are handled on an hourly rate. You will always receive a clear cost estimate upfront, ensuring no unexpected surprises.
We ensure that you are fully informed about the cost of challenging a Will and will not proceed until you are fully aware and happy with any upcoming fees.
To find out more about our services and fees, please contact a member of our team.
How do I prevent someone from contesting a Will?
Preventing challenges starts with careful Will preparation. This includes adhering to legal formalities, involving dependable witnesses, and ensuring testamentary capacity. While a no-contest clause can discourage challenges, it cannot prevent claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Our private wealth dispute solicitors have seen all sorts of disputes arise over wealth and know from that experience exactly how to protect your assets.
Open communication with your family and beneficiaries, alongside regular updates when adjusting a Will, can help you to prevent challenges to a Will later.
Why choose our Wills solicitors at Roythornes?
At Roythornes, we combine specialist legal expertise with a client-focused, bespoke approach. We ensure your case is handled with care and precision by prioritising clear communication, compassionate support, and strategic solutions.
Our accreditations, including the Law Society’s Lexcel award, reflect our commitment to excellence in client service. Moreover, our dedication to alternative dispute resolution such as mediation means you can be sure we’re prioritising your stress, time and money. Nevertheless, if litigation is required, you can rely on us for fierce representation.
When it comes to Wills, we recognise how much can depend on the estate administration, as well as the potential fall out of family bonds and personal relationships. With our exceptional client care service, your experience with us will be at once both compassionate and efficient. Roythornes works alongside you at your pace.
Get in touch with our contesting a Will solicitors today
At Roythornes, we can provide expert support with Will disputes. To access help today,
contact our team in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.
