Contested Wills Case Studies

  • Defending a contested Will We have recently scored another success in defending a contested Will. If you are the executor of an estate and find yourself facing a challenge to the validity of the Will, our recommendation is to consult a specialist inheritance lawyer… Read more
  • Defending the validity of a Will Successfully defending the validity of a Will: A real-life case study Contentious probate partner, Naomi Ireson, has succeeded in defending the validity of a Will. When her client's father died, his Will was challenged by her brother. He alleged that… Read more
  • Challenging the validity of a will For guidance on challenging the validity of a will contact our team of contentious probate lawyers for a free review of your case and details of No Win, No Fee funding. Call our legal helpline on 0333 888 0409 or… Read more
  • Can I contest a will containing a no-contest clause? We recently challenged a will containing a no-contest clause, recovering £185,000 for our client, instead of the £5,000 she had been left in the will. To find out where you stand contact us for a free review of your case… Read more
  • Daughter contests the will of her late father If you wish to contest a will then our experienced lawyers are here to help and are often able to work on a No Win, No Fee basis. Call our legal helpline on 0333 888 0409 or email us for… Read more
  • Contesting your partner’s will Are you thinking about contesting your partner's will? Our team of specialist inheritance lawyers have just won a six-figure settlement for the unmarried partner of a man she had been living with for over 10 years who failed to make… Read more
  • What can I do when an executor is refusing to cooperate? We offer a free 30 minute consultation on any contested will case, including situations when an executor is not co-operating. This is a real life case study of a dispute we recently resolved when the beneficiaries of an estate felt that… Read more
  • Executor dispute settled out of court We deal with executor dispute cases nationwide, offering practical cost-effective advice. Call our free legal helpline on 0333 888 0409 or send an email to info@contesting-wills.co.uk This is a real-life case study of an executor dispute that we settled out… Read more
  • Dispute on the interpretation of a will If you require experienced legal help with resolving a dispute on the interpretation of a will then call our free legal helpline on 0333 888 0409 or send us an email We recently represented Mr J in a dispute on the interpretation… Read more
  • Mediation resolves contested will claim We are specialists in inheritance claim mediation and resolving contested will cases out of court. Call our free legal helpline on 0333 888 0409 Inheritance lawyer Naomi Ireson recently reached settlement of an inheritance and contested will claim following a… Read more
  • Our contested will claim lawyers are in the news Our specialist lawyers recently took a contested will claim to trial and hit the news headlines. Our highly experienced lawyers offer a free case assessment service and no win, no fee funding. Call 0333 888 0409 or email us at info@contesting-wills.co.uk … Read more
  • Stepchild wins inheritance claim against stepmother’s estate For expert guidance on making a successful inheritance claim against a stepparent's estate, contact us for a free consultation by calling 0333 888 0409 or emailing details of your case to us. Inheritance claim against stepmother's estate: A real life… Read more
  • Contesting your mother’s will For expert guidance on contesting your mother's will call our free legal helpline on 0333 888 0409 or send us an email. If you are looking for experienced solicitors for contesting your mother's will, then our specialist team are here… Read more
  • Widower’s inheritance claim  If you are a widower and wish to make an inheritance claim then call our free legal helpline for a case assessment and details of no win, no fee funding. This is a case study of a widower's inheritance claim… Read more
  • Making an inheritance claim when you can’t find a Will Can't find a Will? Want to make an inheritance claim? For free guidance on what to do give us a call. We offer a free case assessment service and no win, no fee funding. Call 0333 888 0409 or email us… Read more
  • Daughters win inheritance claim against mother’s estate Need guidance on an inheritance claim against mother's estate? We offer a free case assessment service and no win, no fee funding. Call 0333 888 0409, or email us at info@contesting-wills.co.uk  Miss B and her two sisters were the daughters… Read more
  • Making an inheritance claim for a child Are you looking for experienced solicitors to make an inheritance claim for a child? We offer a free case assessment service and no win, no fee funding. Call 0333 888 0409 or email us at info@contesting-wills.co.uk  We recently made a successful… Read more

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Case Studies - A track record of success to be proud of

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We are proud of our track record of success in the complex area of contesting wills. We have achieved successful outcomes in a vast range of scenarios. If you take a look at our case studies you will see the breadth of our experience and our numerous successes. You may find a case that directly mirrors your own, but if not, the chances are that someone in our team will have dealt with a similar case.

Frequently Asked Questions

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Some of the questions our specialist contesting wills solicitors are most frequently asked. Please feel free to contact us to ask any questions related to your case, we also offer a free 30 minute consultation.

A mirror will reflects the contents of another will made at the same time. They are commonly made by spouses (and sometimes unmarried couples) who wish to leave their estate to the other, with the combined estates then being left to named beneficiaries (generally children) on the second death. The terms of each will ‘mirrors’ the other, but the survivor is free to make a new will if they choose to do so.

Mirror wills should not however be confused with mutual wills. While they are similar in that each will reflects the contents of the other, a mutual will goes one important step further. It creates a legally binding agreement that the terms of the wills must not be changed when one of the will makers dies. Mutual wills are effectively an enforceable contract, with the surviving will maker being legally bound not to alter or revoke their will.

Mutual wills are far less common than mirror wills. While they provide certainty after death, they do not allow flexibility or testamentary freedom once the first person has died. They are also open to challenge upon grounds such as undue influence.

The most common grounds relied upon to contest a will are as follows:

Failure to comply with the Wills Act

A will must comply with all the formalities of the Wills Act. This means it must be in writing, and it must be signed by the deceased in the presence of two witnesses who signed the Will in the deceased’s presence.

Lack of Testamentary Capacity

The maker of a Will must have sufficient mental capacity (known as testamentary capacity). The law requires that they understood:

  1. That they were making a will and that it had the effect of carrying out their wishes upon their death;
  2. The extent of their property and what it consisted of; and
  3. The claims on the estate which they ought to give effect to.

Undue Influence

If the deceased had pressure placed upon them to make a will or change the terms of an existing will, then it may be legally invalid. The signs of undue influence include:

  1. Last minute changes to a Will
  2. Family members being disinherited and people who were only close to the deceased for a short time being named as beneficiaries
  3. A handmade Will that was drafted without the use of a solicitor
  4. A deceased who was vulnerable
  5. A deceased who stopped contact with loved ones prior to their death

Lack of Knowledge and Approval

The maker of the will must have had 'knowledge and approval' of the will's contents for it to be legally valid.

Forgery or Fraud

This occurs where a will has been falsified in its entirety, or parts of it have been altered or forged in some way. It includes cases where the deceased’s signature on the will is not genuine.

Fraudulent calumny

This involves beneficiaries who poison the mind of the person who made the will in order to persuade them to disinherit other potential beneficiaries.

Alternatives to challenging the validity of a Will

Aside from disputing the legal validity of a Will, you could also consider making an Inheritance Act claim or pursuing an action for proprietary estoppel if a promise has been broken.

It is difficult to assess what it will cost to contest a will at the outset of a case. There are so many different factors that impact legal fees, including the complexity of a case and the steps that will be required to obtain the evidence to support it. The conduct of your opponent can also have a great bearing.

Because legal costs are usually calculated on an hourly basis, the longer a case goes on, the more work that is required, and the greater the costs will be.

Another key factor is the seniority of the solicitor who deals with your case. The more senior the lawyer, the higher their hourly rate will be.

We have a large team of specialists who deal exclusively with this area of work. This means that we can offer specialist representation at all levels. Our team of qualified lawyers includes

We will be happy to discuss which member of our team will be best suited to your case and provide details of their hourly rate.

Because we specialise in contested wills, we trust our own judgment and are therefore willing to work No Win, No Fee basis. Not all cases are immediately suitable for No Win, No Fee funding, of course. We can only offer this funding scheme where the prospects of success are good. Sometimes this will be clear from the outset and an immediate decision can be made. Other cases might not be quite so clear at the outset, and investigations will need to be carried out. This could include:

  • Obtaining the deceased’s medical records;
  • Speaking to the witnesses of the will;
  • Obtaining will preparation file; and
  • Requesting a statement’ from the solicitors who drafted the will.

Once these investigations have been carried out we will be in a better position to make an informed decision on whether No Win, No Fee funding can be offered. We may be able to carry out that investigatory work for a fixed fee.

We are also able to deal with cases on a deferred fees basis, where you are guaranteed to receive monies from an estate that will be sufficient to meet the legal costs.

New Channel 4 legal series

If you are involved in a legal dispute, then the production company behind Who Do You Think You Are? and Long Lost Family is keen to hear from you.

In a first for British television, a legally binding alternative to the congested, lengthy, and costly court process is being offered. Each side’s case will be prepared by an independent solicitor and presented to an impartial arbitration judge by a leading barrister. This process will be free to all who take part, with the cost of legal representation being covered.

If you would like to discover more about taking part in this first-of-its-kind series, click here or send us an email.