Contesting Wills
If you need help contesting a will, our expert solicitors are on board to answer any queries and provide you with the information you require. Whether you have been unfairly left out of a will, or are a beneficiary or trustee, we can provide support and advice.
We offer a range of funding options, such as “no win, no fee”, and we will do everything we can to tailor our funding options to your individual circumstances.
JMW’s team of specialist contest a will solicitors specialises within this field and has many years of experience providing our clients with expert legal advice regarding contesting wills. We are here to make the entire process run as smoothly and stress-free as possible for you during this difficult time.
If you are in need of support from a professional, understanding solicitor to assist with contesting a will, contact our dedicated team today by calling 0345 872 6666, or fill in our online enquiry form to request a call back.
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What our clients say
Why Should I Seek Legal Advice When Contesting a Will?
When a person creates a will, they set out how their estate (property, possessions and revenue) is to be distributed upon their death. It also highlights who is to be responsible for carrying out that process. When concerns arise regarding the circumstances in which a will was created, contesting a will may then become necessary.
Our solicitors can provide advice when there are concerns surrounding:
- The deceased’s mental capacity to make a will
- Suspicion of undue influence being put upon the deceased by someone else
- Concerns that the deceased lacked knowledge of and/or approval of the will
- Evidence that the will has been forged or is fraudulent
- The execution of the will
If you have been left out of a will, our specialist solicitors can also advise in relation to a claim under the Inheritance (Provision for Family and Dependents) Act 1975 for reasonable provision.
Contesting a will is a specialist area of law, and it is important you seek legal advice from a solicitor experienced in this area. At JMW, we have one of the largest dedicated teams of contesting a will solicitors, and we will be able to help you.
If you require legal assistance to dispute the validity of a will of someone who has passed away, be sure to seek specialist advice from one of our contentious probate solicitors who has experience of working in this area. Contact us today to speak to one of our experts who can deal with your case and help produce quick results to avoid any delays around the distribution of the estate.
Meet our team of will disputes solicitors
Our team of experienced solicitors specialise in contesting wills, offering expert legal advice and practical support.
Case studies
JMW SOLICITOR’S SUCCESSFUL EARLY RESOLUTION AT MEDIATION OF CLIENTS’ CONTESTED WILL CASE ON GROUNDS OF INVALIDITY
We successfully secured a settlement plus costs, at mediation. The settlement achieved will allow our clients to inherit monies from their grandma/great grandma as had always been discussed with her as well as provide security for their family in the future.
SUCCESSFUL SETTLEMENT FOR CLIENT IN RESPECT OF A CHALLENGE TO A WILL DISPUTE
Head of JMW’s Will Disputes team, Alison Parry, has successfully resolved a dispute between siblings regarding their deceased parent’s estate. The claim was successfully resolved by way of settlement at mediation.
How JMW Can Help
Our contentious probate team is one of the largest teams made up of expert solicitors who are experienced at bringing and defending claims on behalf of individuals, families, and professionals.
JMW Solicitors has years of experience in this field, and our highly respected team is often asked to give seminars on legal matters regarding wills, trusts and estate planning. We have also been regularly rated in the prestigious Chambers and Legal 500 guides as leaders in this field.
Chambers 2019 noted that we are equally adept in dealing with “both small everyday matters or complex transactions involving many legal areas”, and that “there is always an expert on hand to guide clients, whatever the issue”.
For more information, check out our Step-by-Step Guide to Contesting a Will:
What are the Grounds to Contest A Will?
View video transcript
I'm Alison Perry. I'm a partner at JMW and Head of the Contentious Trusts and Probate team here. There are several grounds on which you could contest a will. These are lack of required testamentary capacity, lack of knowledge and approval of the contents of the will, undue influence.
A lack of the formalities required for will writing and also fraudulent calumny, which is where the testator's mind has been poisoned in order to leave his estate in a different manner than he would otherwise have done so. In order to make a will, you need what is known as testamentary capacity. It can be very difficult to show that there was undue influence in the creation of a will because you have to show that somebody was actually coerced into making it. In order to look at evidence in this field, we look at witnesses who may have known the deceased well, and we would also look to obtain medical accord to see whether there are any relevant entries in those notes that might indicate their vulnerability to that influence.
There are a number of people who may be able to claim for reasonable provision out of somebody's estate. This is a spouse or civil partner, a former spouse or civil partner as long as they've not remarried or formed another civil partnership, a child of the deceased, somebody who was treated as a child of the deceased, somebody who was immediately before the deceased death, maintained by the deceased by the holy partly and somebody who was living in the same household as the deceased as husband or wife or civil partners for at least two years before their death. Where it's a spouse or a civil partner.
The provision you might expect is what is reasonably required for your maintenance in all circumstances.
For anybody else you will see to claim, then the test is what is reasonably required for their maintenance.
Certain claims have a time limit of six months from the date of the grant of probates. It's always advisable to bring it as early as possible because there will be more evidence you can gather sooner to the event.
Where a claim concludes with a court hearing at trial, then usually the position is that the loser will be able to pay the winner's costs. The court however has ultimate discretion over who pays the cost and can make a different order if it feels the appropriate to do so. There are several ways in which you could resolve a dispute without going to court. The most common of these are negotiation between the parties and mediation. To contest a will, it's usually sensible to get a solicitor's advice from the outset. These claims can be quite complex and emotionally draining. And the solicitor will talk you through your concerns and be able to have very much firmly in mind what you want to achieve out of it.
There are a number of grounds to contest a will, which includes:
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Certain classes of people are eligible to bring a claim under the Inheritance Act for reasonable financial provision. This includes spouses and former spouses, children, people treated as children, cohabitees and people who were financially dependent on the deceased.
Lack of testamentary capacity
For a will to be valid, the person who creates the will, known as the testator, needs to be of “sound mind, memory and understanding” when making the will. The legal test is set out in the case of Banks v Goodfellow (1870) that states for a will to be valid, the testator must:
- Understand the nature and effect of making a will;
- Understand the extent of the property of which they are disposing;
- Be able to comprehend and appreciate the claims to which they ought to give effect; and
- Have no disorder of the mind that perverts their sense of right or prevents the exercise of their natural faculties in disposing of their property by will.
When contesting a will on the basis of lack of mental capacity, we will often write to the solicitors who drafted the will to get further information on the circumstances surrounding the drafting of the will, and obtain medical records.
Lack of due execution
There are strict requirements set out in section 9 of the Wills Act 1837 that provides the following criteria in relation to the validity of a will:
- It is in writing, and signed by the testator, or by some other person in their presence and by their directions;
- It appears that the testator intended by their signature to give effect to their will;
- The signature is made or acknowledged by the testator in the presence of two or more witnesses present at the time; and
- Each witness either attests or signs the will or acknowledges his signature in the presence of the testator.
If a will is not validly executed, it is invalid.
Fraud or forgery
You can contest a will if you believe that it has been created fraudulently or forged. A fraud will can also occur if the testator instructs someone else to finalise the terms of their will, then that person submits false terms to benefit themselves. Also, if a signature has been forged, the will can be overturned.
Undue influence
You can contest the validity of a will if there is evidence suggesting that testator was coerced into making making the will. However, strong supporting evidence would need to be provided for this.
Lack of knowledge and approval
If the testator did not know or approve the contents of their will (despite being executed properly) then the will is invalid.
Poisoning of the mind
A will can also be contested if it can be proven that the testator’s mind was poisoned by false statements being made about someone who could have benefitted from the will otherwise and those statements were intended to have said person removed from the will.
FAQs about contesting a will
- How much does it cost to contest a will?
The cost to contest a will can vary depending on the severity and complexity of the issue, and whether or not you need to go to court.
If the dispute needs to be resolved in court, a judge will decide how these costs are to be paid, and usually, the loser pays the winner’s costs.
We are able to work with you towards a number of funding arrangements, including “no win, no fee” and deferred fees. We will do all we can to ensure you have the right funding in place to pursue your matter.
- Is there a register for wills I can search?
Currently, there’s no compulsory national register for wills. However, some law firms do sign up to voluntary databases, so wills can be traced through this.
When a person passes away and you think that a Grant of Representation has been applied for, you can search the government’s Find a Will or Probate Document database and check this. This way, you can obtain a copy of the Grant of Representation and a will for the deceased if available.
- Who can contest a will?
A will can be contested by:
- A spouse, former spouse, child, person treated as a child, a person financially dependent on the deceased and, in some cases, cohabitees can contest a will under the Inheritance Act.
- A beneficiary under an earlier will (written before this one) or under the intestacy rules
- Anyone who was made a promise by the deceased and relied on the fulfilment of it to their detriment
- Will I need to go to court to contest a will?
If the issue cannot be resolved by negotiation (including mediation), then the only way to resolve a matter is through the court process. However, the vast majority of claims relating to contesting a will are resolved before a final hearing is needed, which is why it’s advised to contact a solicitor to help resolve the problem as soon as possible.
- Will I be liable for costs?
Typically, if the matter goes to trial, the unsuccessful party will be ordered to pay the winning party’s costs.
A common misconception is that the costs of resolving an inheritance claim will automatically be deducted from the estate, but this is rare and the usual rule of “loser pays the winner’s costs” generally applies.
If both parties decide to settle the dispute between themselves, they can instead agree on who should settle the debt.
- Is there a time limit for contesting a will?
Yes. There is a time limit of six months from the date of the Grant of Probate to bring a claim under the Inheritance Act 1975 for reasonable financial provision.
There is no time limit to contest a will on the grounds of lack of mental capacity, lack of knowledge and approval of the will, fraud and forgery and lack of proper execution. However claims should always be brought quickly, and a claim may be struck out if there has been an unreasonable delay in bringing a claim.
Because a will does not take effect until the testator has died, it’s impossible to claim against a will whilst the person is still alive, even if concerns about the document have been raised before then.
- Can a will be challenged after probate?
Yes. However, as set out above, claims under the Inheritance Act 1975 must be brought within six months of the date of the Grant of Probate and all other claims should be brought as soon as possible.
It’s important to note that challenging the validity of a will after the assets of the estate have already begun to be distributed can be a difficult challenge. It is advised to seek legal advice as soon as possible to determine the best course of action.
Talk to Us
To speak to a member of our team who can provide expert legal guidance in relation to contesting the validity of a will, get in touch with us today. You can contact us by calling 0345 872 6666, or request a call back by filling in our online enquiry form.