How to Contest a Will.

If you would like a free consultation on how to contest a will then call 0333 888 0409 or email info@contesting-wills.co.uk

Grounds for contesting the legal validity of a will

To contest the legal validity of a will in England and Wales you need to establish that you have legal grounds to do so. The most common grounds for challenging a will are:

Lack of testamentary capacity – where the testator lacked requisite mental capacity to make a will.
Lack of due execution – the will wasn’t signed and witnessed properly (it must comply with the Wills Act).
Lack of knowledge and approval – the testator didn’t know or approve the contents of the will.
Undue influence – someone coerced the testator.
Fraud or forgery – the will is not genuine or has been falsified.

You can read more about each of these grounds on this website.

Making an Inheritance Act claim

If you cannot prove that the will is legally invalid, you may be entitled to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

In order to make an Inheritance Act claim you need to establish that the will (or intestacy) fails to make “reasonable financial provision” for you.

Eligible claimants under the 1975 Act include:

Spouses/civil partners
Former spouses (if not remarried)
Cohabitees (living together for two or more years)
Children (including adult children)
Dependants who have been financially supported by the deceased

These claims usually need to be brought within six months of the grant of probate.

Steps that can be taken when contesting a will

If you believe the will is invalid you can enter a caveat to prevent probate being granted while the dispute is investigated.
Obtain evidence to support your challenge, such as medical or care home records, or statements from key witnesses.
Negotiate/mediate – many disputes settle out of court.
Commence court proceedings if no agreement can be reached.

How we can help you

For further guidance on how to contest a will, contact us for a free 30 minute consultation. Just give us a call or send us an email and a member of our specialist team will carry out a review of your case completely free of charge.

We will also be happy to provide you with details of the available funding options, including No Win, No Fee.

Phone 0333 888 0409 or email info@contesting-wills.co.uk

How to contest a will

Client Testimonials

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I was in a difficult position with a co-executor that left the estate idle and Slee Blackwell were excellent in navigating a resolution to achieve the appointment of an independent PR. In addition my father’s Will was being challenged by one of the beneficiaries against the largest recipient of the estate and Naomi Ireson was very solid in her advice and helped to arrange a successful mediation. Naomi was ably assisted by Sharnie Jenkins in this matter. “Executor dispute and contentious Will mediation”

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I was tentative about making enquiries from Australia with a UK group of solicitors, Slee Blackwell, about a claim on a deceased estate there as an ex-spouse. Right from the get go I was treated with respect and expert advice with Kristi. Anya was instrumental in guiding me through the whole process and I was very impressed with her expertise and obvious knowledge of the situation. If I lived in the UK I wouldn’t hesitate to use this firm again. Thank you to Anya and her team. “Expertise and Understanding”

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I contacted Kristi regarding an inheritance matter and she was swift to respond and the issue, which has been ongoing for three years now, was immediately resolved. I highly recommend. “Positive experience”

“Challenge to the validity of a will”

Unfortunately, I had to defend a challenge to the validity of my fathers will. Naomi Ireson, with the help of Sharnie Jenkins and the rest of the team were absolutely amazing. It was such a stressful time but Naomi had my back through it all, and pursued the case relentlessly. Her expertise and competence in her field is exemplary and I never once believed that there would be a problem. The team kept me informed at all times and were always easy to talk to. I would recommend them in a heartbeat. “Challenge to the validity of a will”

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After receiving a claim against my late fathers estate, I was left feeling extremely anxious and frustrated. Chris was amazing, his knowledge and professionalism was impeccable. I immediately felt in safe hands and I received a prompt response to any queries I had. Sharnie was also amazing throughout the experience. I was so impressed with the service that I used Slee Blackwell for an eviction and conveyancing. I received outstanding service again. Thank you so much for relieving my stress, that is truly priceless! “Defending a claim made against Estate”

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The brother of my grandfather died without children, and after a dispute with my family who said that I was not the son of my father, I read a very professional article written by Naomi Ireson that was very informative. I saw that I could ask some questions and her answer really helped. I later hired her and she resolved the accusation of my family. She is also very organized and is doing only what is necessary. Thank you for your work and to all the members of your team. “Contentious Probate – Establishing Paternity”

“Dispute – Breach of Trust”

I can’t express enough gratitude to Chris for his outstanding service over the past year. My case was especially challenging, but Chris handled it with compassion and the highest level of professionalism. The outcome was fantastic, and it wouldn’t have been possible without Chris’s expert advice and support. I would strongly recommend his services to anyone who is going through a difficult will dispute. Many thanks again Chris! “Dispute – Breach of Trust”

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I emailed Kristi to ask some questions about contentious probate. She was very helpful and answered all my questions. Kristi followed up with me and I was able to ask further questions which really helped in my decision making process. “Kind and Informative”

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Excellent advice and help with a complex probate issue. Advice was always timely and I was always kept well informed. I felt communication was always direct and friendly. Anya was always approachable, fair and quick to respond to questions and concerns. Would definitely return if future needs required legal advice or representation. Many thanks “Excellent”

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