After a death, you may feel that you need to contest the Will that has been left, either because you have been left out of the Will or because you believe that the Will is not valid. A primary concern may be the expense involved. We answer the question, how much does it cost to contest a Will in the UK and look at what to consider when starting a claim.

At Locking Solicitors, we represent clients in a wide range of Wills cases, including claims against an estate for financial provision and cases involving invalid Wills. Our contentious probate team is led by Associate Director Sarah Thomsen who has twenty years of litigation experience and also heads our civil litigation department.

Sarah is a full member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and both she and her team have a high level of expertise in challenging Wills as well as a proven track record of success.

We will give you an honest assessment of the strengths and weaknesses of your case and discuss the options open to you. Our advice will be given in plain English and we are always happy to talk through issues and answer questions as needed. We have flexible availability and we will stay in contact with you in the way that best suits you, for example, by email, videolink, phone or at in-person meetings. Costs will be agreed before we start work.

Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our contact form and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.

What grounds are there for contesting a Will in the UK?

There are two main reasons for contesting a Will:

• You were left out of a Will and you need financial provision; and
• The Will is not valid

Establishing valid grounds for contesting a Will and putting together the right evidence in support is not straightforward. The law surrounding contested Wills is complex and you are strongly advised to seek the advice and representation of an expert contentious probate solicitor.

As a member of ACTAPS, Sarah Thomsen has an exceptional level of expertise and she and her team can make sure that you have the strongest possible case together with the most persuasive supporting evidence.

When faced with a robust case brought by experienced contentious probate solicitors, executors often take the decision to negotiate a settlement. Choosing the right representation can give you a tactical advantage from the start, as executors generally try to avoid protracted legal cases.

We are frequently able to secure substantial offers in contentious probate cases. We will go through your particular circumstances, give you an honest assessment of your case and suggest the right approach to give you the best chance of a good settlement.

Contesting a Will for financial provision

If you have been left out of a Will or you have been left less than you believe you need to support yourself, you may be able to make a claim against the estate for financial support. This is referred to as an Inheritance Act claim in reference to the Inheritance (Provision for Family and Dependants) Act 1975 (the Act).

The Act allows the following individuals to make a claim against the estate if they have been left out of a Will or received less than they need:

• The deceased’s spouse or civil partner
• The deceased’s former spouse or civil partner, provided they have not remarried or entered into a civil partnership
• A cohabiting partner provided they lived with the deceased for at least two years prior to the date of death
• A child of the deceased
• Someone treated as their child by the deceased
• Someone being financially supported by the deceased at the date of their death

With the exception of a spouse or civil partner, claimants will be entitled to reasonable financial provision if their claim is successful. A spouse or civil partner can claim the same amount as they would have been entitled to in a divorce.

If the deceased did not leave a Will, it can still be possible to make an Inheritance Act claim if you will not receive an inheritance under the Rules of Intestacy (the Rules). For example, cohabiting partners and stepchildren do not receive anything under the Rules but might be entitled to reasonable financial provision under the Act.

In awarding money following an Inheritance Act claim, the court will look at your financial needs and the financial resources you have available to you as well as the size of the estate and the needs of any other beneficiaries.

Contesting a Will on the grounds that it is not valid

Circumstances in which a Will is invalid include:

• The Will was not correctly signed or witnessed
• The deceased was subjected to undue influence before signing the Will
• They had not approved the Will or they did not understand its contents
• Fraud or forgery was involved
• The deceased did not have the mental capacity to make a Will

If the court finds that a Will is invalid, then an earlier valid Will replaces it. If there is no earlier Will, then the deceased’s estate will pass under the Rules of Intestacy.

How much does it cost to contest a Will in the UK?

The cost of contesting a Will can be high if a full court case is needed, however it is often possible to settle a case out of court.

We regard litigation as a last resort and will try to settle your case out of court if we can, including by using alternative dispute resolution methods where necessary.

If you have a strong case and it is robustly presented to the executors and their legal team, they are more likely to look for the quickest and easiest way to deal with it. It is often the case that an estate’s executors will be willing to negotiate a settlement to avoid delays in the administration process and to prevent large sums from the estate from being used to defend legal action.

If your case cannot be settled and litigation is necessary, we will discuss the potential costs and the level of risk involved so that you can make an informed decision about whether to proceed.

Our costs guarantee

We will always ensure that you have clear costs information at the outset. We will not start work until you are happy with our charges. You will be given an hourly rate for the solicitors working on your case and we will update you regularly as your claim progresses. We will also give you details of any additional expenses, such as court fees.

Can I recover my costs in a Wills dispute?

It is generally the case that the losing party will pay the legal costs of both sides, although the court can vary this if it feels it is justified.

Is there a time limit for contesting a Will?

There is a time limit of six months from the date of the Grant of Probate in which to start Inheritance Act claims.

There are various time limits for other issues, depending on what you want to contest and achieve. It is recommended that you speak to a contentious probate solicitor as soon as possible.

Contact our East Yorkshire solicitors for contesting a Will

If you want to ask us how much it costs to contest a Will or whether you have a valid case, please call us today. Our contentious probate lawyers are experts in the field and will be happy to talk through your situation and answer your initial questions.

Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our contact form and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.

The content on this website is for information only and is not intended to provide specific legal advice to a particular case. Should you require legal advice in relation to your particular situation then please do not hesitate to contact us.