Protesting A Will: No Win No Fee Solicitors.

The legal grounds for protesting a will in the UK

While lawyers usually refer to disgruntled beneficiaries ‘contesting’ a will, many people refer to this as ‘protesting’ a will.

There are a number of grounds for contesting (or protesting) a will in the UK. Among the most common grounds are:

(1) lack of mental capacity;

(2) want of knowledge and approval;

(3) undue influence; and

(4) failure to comply with legal formalities.

Each of these is a distinct and separate ground for contesting (or protesting) a will in the UK. The person challenging the will only has to succeed on one of these grounds to have the will declared invalid. If a will is declared invalid, then the next most recent valid will can be admitted to probate. If there is no previous valid will, then the intestacy rules apply.

However, the courts will not declare a will invalid without strong evidence being presented. Responsibility rests with the person who is challenging the will to persuade the court that it is invalid. To do this, convincing evidence will usually be required.

This evidence might take the form of medical or care home records, a report from a medical practitioner, a statement from a key witness, or even evidence from a handwriting expert.

When contesting a will, consideration can also be given to whether there is a potential case under the Inheritance Act.

Why you can trust us to handle your will dispute

Our solicitors are regulated by the Solicitors Regulation Authority and abide by the SRA Code of Conduct.
Our team specialises exclusively in contested wills and probate disputes.
We have a proven track record of success.
The Law Society has awarded us Lexcel accreditation for excellence in client care.
We represent clients throughout England and Wales and also assist clients based overseas.
Our contentious trusts and probate solicitors are recommended by the Legal 500, the independent guide to leading UK law firms.
We have a 5-star rating on ReviewSolicitors, with more than 1,800 independent client reviews.
Members of our team belong to ACTAPS, the Association of Contentious Trusts and Probate Specialists.
We offer a range of funding options, including No Win, No Fee, ‘pay at the end’ and fixed fee schemes.
We provide a free 30 minute initial consultation with a member of our specialist contested wills team.

So, if you are involved in a will dispute and require specialist legal guidance on where you stand, then please contact our free legal helpline on 0333 888 0409 or send an email to us at info@contesting-wills.co.uk

Protesting a will

Client Testimonials

“Executor dispute and contentious Will mediation”

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”

“Expertise and Understanding”

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”

“Positive experience”

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”

“Defending a claim made against Estate”

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”

“Contentious Probate – Establishing Paternity”

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”

“Fantastic Solicitor”

Brontë, guided us through a very difficult time, and always gave the best advice even if it wasn’t what i always wanted to hear. I really appreciated her honesty,her knowledge and experience. I’d highly recommend “Fantastic Solicitor”

“Kind and Informative”

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”

“Excellent”

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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