How to contest a Will

It is sometimes the case that after a death, a Will needs to be challenged. This could be for a range of reasons, including because someone has been left out of a Will or because a Will is invalid. We take a look at how to contest a Will, why you may need to do so and how we can help.

At Lockings Solicitors, we have many years of experience in contesting Wills. We know that this is likely to be a difficult time for you and you will find our lawyers to be understanding and supportive.

Associate Director Sarah Thomsen leads our contentious probate team and is head of civil litigation. She has an exceptional level of expertise in dealing with contested Wills and a strong track record of success.

She is a full member of the Association of Contentious Trust and Probate Specialists (ACTAPS), a group of lawyers with a high level of skill and experience in handling Wills disputes.

She and her team focus on resolving matters out of court wherever possible. Not only is this faster and more cost-effective, but it can reduce the level of conflict.

We offer an exceptional level of service and we will ensure that you have the guidance and representation you need. Our advice to you will be clear, without the use of legal jargon, and we will always take the time to explain issues thoroughly.

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.

Why might you need to contest a Will?

There are many reasons that you might need to contest a Will, including where:

• You have been left out of the Will or left less than you need
• You believe the Will is not valid
• You do not think that the executor is interpreting the Will correctly

How to contest a Will UK

The first step in contesting a Will is to speak to an expert contentious probate solicitor. Challenging a Will is not straightforward and you need to have expert advice and a clear understanding of your particular situation at the outset.

If you speak to us, we will give you an honest assessment of the strength of your case and the options open to you.

As a member of ACTAPS, our head of contentious probate has an exceptional level of experience and expertise in contesting Wills. This is a complex area of law and by having a genuine expert on your side, you will have a strong tactical advantage.

Executors and beneficiaries are often willing to  engage  with solicitors, particularly when your case has been set out in strong terms.   It is often the case that once we have put a client’s position to the beneficiaries , we are able to enter into negotiations to secure the best offer of settlement for you

We generally aim to find an out of court solution, resolving matters with minimal conflict and cost.  . Where necessary, we can use a method of alternative dispute resolution such as mediation to try and find common ground. If this is not successful and it is not possible to resolve matters, we have wide experience in Wills and Probate litigation.

If a resolution is not found we can  file your claim at court, ensuring that you are thoroughly prepared for any hearings and that you are represented by an expert contentious probate advocate.

Contesting a Will FAQs

Can I contest a Will if I have not been left anything?

If you have been left out of a Will or left less than you believe you are entitled to, you may be able to make a claim against the deceased’s estate for reasonable financial provision. If the deceased did not leave a Will and you will not receive anything under the Rules of Intestacy, for example, if you cohabited with the deceased or you are the deceased’s stepchild, you may also be able to bring a claim.

This type of claim is referred to as an Inheritance Act claim as it is made under the Inheritance (Provision for Family and Dependants) Act. Those eligible to make a claim are:

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

Can I contest a Will if it is not valid?

We can advise you as to whether a Will is valid and, if it is not, contest it on your behalf. Although anyone has the right to contest a Will, it is usually the case that someone with an interest in the deceased’s estate will raise the issue.

It is not always straightforward to establish whether a Will is valid and you are strongly advised to speak to an expert in contentious probate if you have concerns.

There are a wide range of situations in which a Will might be invalid, including:

• The Will is not properly drafted or is ambiguous
• The deceased did not know the contents of the Will or did not approve the Will
• The deceased did not have the mental capacity to make a Will at the time that it was made
• Someone exercised undue influence over the deceased to persuade them to make the Will that they did
• The Will is a forgery or fraud is involved
• The Will was not properly signed or witnessed
• The Will has been damaged or partly destroyed
• The deceased married since making their Will and the Will was not made in contemplation of the marriage

It is also possible to raise a challenge to the conduct of the estate’s executors or administrators if you feel that they are not winding up the deceased’s affairs properly or effectively.

Is there a deadline to contest a Will?

There are various deadlines in contentious probate cases depending on what you want to achieve and contest. You are strongly advised to start the process as soon as possible by contacting a specialist contentious probate lawyer without delay.

If you have been left out of a Will, then you only have six months from the date of the Grant of Probate in which to file your claim with the court. The court may agree to extend this deadline if we can provide them with a reason for the delay, but wherever possible a claim should be made by the deadline.

Contact our East Yorkshire solicitors for contesting a Will

If you want more information on how to contest a Will or you have questions about our contentious probate services, please give us a ring to speak to one of our Wills disputes solicitors.

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.