Will disputes

Contentious probate solicitors – legal advice on contesting a will

If you’ve been left out of a Will or think the Will may not be correct, you may be able to challenge it. Deciding whether to contest a Will is a big decision especially if it could put you at odds with other family members, but our expert contentious probate solicitors are here to guide and support you through the process.

Sometimes the remaining family of a deceased person will be unhappy about the way in which the estate is distributed, whether under the Will or, if they die without a Will, under the intestacy rules. Misunderstandings may also mean that someone who thought they would inherit does not.

What grounds do you need to contest a Will?

Grounds for contesting a Will include:

• lack of testamentary capacity.
• undue influence or coercion.
• lack of knowledge and approval.
• non-compliance with Section 9 of the Wills Act 1837.
• forgery and fraud.

How our contentious probate solicitors can help

• Contesting a Will – we can help you contest a Will if you believe that the Will was fraudulent, the deceased was under undue influence when making their Will or
• Inheritance Act claims – if you or a member of your family thinks they should benefit from a person’s estate, we can advise on the type of claim which could be brought to try and secure your inheritance.
• Defending a Will – we can advise executors and trustees about how to continue dealing with an estate if such a claim is brought against the estate by another person.
• Intestacy – we can help you make a claim where there was no Will left so the deceased died intestate.
• Invalid Will – we can advise in cases where the Will is invalid – for example the Will was not signed.
• Family Will disputes – in cases where people have been promised assets but have been left out of a Will, if there is proof, it can be possible to force the beneficiaries of the estate to honour the promises made. This is a complex area and sometimes involves negotiating both with other family members and HM Revenue & Customs.
• Cross border disputes – we can act advise you on challenging or defending a Will or an inheritance dispute involving assets in other jurisdictions.

Contact a contentious probate solicitor today

For legal advice about a Wills dispute, contact one of our specialist contentious probate solicitors on 0800 652 8025 or get in touch online for a free and confidential initial consultation. We have teams across the country in London, Manchester, Bristol, Cardiff, Birmingham, Southampton and Taunton.