Will Disputes and Contested Estates

Disputes over a will or an estate are often as difficult personally as they are legally. We give clear, practical advice on the strength of your position and the options for resolving the dispute.

We act for those contesting a will, for executors and beneficiaries defending a claim, and for people considering a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

What is a Will Dispute?

A will dispute arises when someone challenges the validity of a will or claims that it does not make reasonable financial provision for them. Common issues include whether the will was properly signed and witnessed, whether the person making it had mental capacity, and whether they were coerced.

We advise on both bringing and defending such claims.

Grounds for Contesting a Will

A will may be challenged on the following grounds:

• Lack of mental capacity: The person making the will did not understand its nature and effect.
• Undue influence: The person was coerced into making or changing the will.
• Lack of knowledge and approval: The person did not know and approve the contents of the will.
• Fraud or forgery: The will was forged or obtained by fraud.
• Invalid execution: The will was not properly signed and witnessed.

Separately, certain family members and dependants may claim under the Inheritance (Provision for Family and Dependants) Act 1975 if the will or intestacy does not make reasonable financial provision for them.

If you believe a will is invalid, we can assess your position and advise you on the options.

Who Can Contest a Will?

Anyone with a financial interest in the estate, such as a beneficiary under the will or an earlier will, or a person who would inherit under the intestacy rules, may challenge the validity of a will.

A claim under the Inheritance Act 1975 can be brought by:

• A spouse or civil partner of the deceased.
• A former spouse or civil partner who has not remarried.
• A person who lived with the deceased as a partner for at least two years before the death.
• A child of the deceased, or a person treated as a child of the family.
• Anyone who was being maintained by the deceased immediately before the death.

Someone who was promised an inheritance and relied on that promise to their detriment may also have a claim. If you are unsure whether you can bring a claim, we can advise you.

How to Defend a Contested Will

If you are an executor or beneficiary facing a challenge to a will, you should take advice early. Defending a claim usually involves:

• Gathering evidence of how the will was prepared and signed.
• Obtaining evidence from the will writer and witnesses.
• Obtaining medical records where capacity is in question.
• Responding to allegations of undue influence or fraud.
• Negotiating a settlement where that is in the estate's interests.

Executors must remain neutral in some disputes, and we will advise you on your duties.

Time Limits for Contesting a Will

Time limits are strict in some cases:

• Inheritance Act claims: must normally be issued within six months of the date of the grant of representation.
• Challenges to validity: there is no fixed statutory deadline, but delay can make a claim much harder once the estate has been distributed.
• Fraud: claims should be brought as soon as the fraud is discovered.

If you have concerns about a will, take advice promptly. A caveat can be entered to prevent a grant being issued while concerns are investigated.

How Much Does Contesting a Will Cost?

The cost of contesting a will varies depending on the complexity of the case. We offer:

Our fees depend on your circumstances. We will confirm the cost in writing before any work begins. Please call us on 01482 228808 to discuss what you need.

We aim to resolve disputes efficiently to minimize costs and avoid lengthy legal battles. Contact us for a tailored cost estimate.

Our Approach

• A realistic assessment: clear advice on the strength of your case and the likely costs.
• Proportionate resolution: negotiation and mediation are explored before court proceedings where appropriate.
• Discretion: family disputes handled with care and confidentiality.

Advice on a Will Dispute

If you are considering contesting a will, are defending a claim, or need advice on your rights, please contact us.