Helping you to reach an effective resolution

Whilst a valid will has an incredibly important role in outlining a person’s wishes for how their estate is to be distributed, there are often occasions where it can be contested. No matter the situation, seeking expert legal advice when challenging a will can help you to reach a quick and effective resolution with minimal impact to family relationships.

Get in touch with us to find out how we can help you.

On what grounds can I contest a Will?

In most cases, a will outlines the final decisions regarding how an estate will be distributed. However, there are a number of valid grounds on which a will can be challenged, which include: 

  • The will is invalid due to a lack of ‘testamentary capacity’: For example, the deceased may have lost some of their mental capacity when the will was made. 
  • The will is unfair to close relatives or dependants: For example, an individual believes they have not received reasonable financial provisions. Under the Inheritance (Provision for Family and Dependants) Act 1975, the person making the claim must have a certain relation to the deceased or their care or maintenance was dependent on them. Claims should be made within six months from the date the Grant of Probate was issued. 
  • The will was made as a result of undue influence and against the testator’s wishes: In these cases, simply demonstrating that manipulation was involved isn’t enough. Instead, there must be an ‘express coercion’ - i.e. implied threats of violence or intimidating behaviour. 
  • The will was forged: This could mean it was written by someone else pretending to be the testator, the signature was forged or a will was destroyed without permission. 
How we can help you

If you believe you have been left out of a will, or think there is an issue with one, our specialist solicitors can help you. Our services and experience includes: 

  • Advising on the strength of your claim 
  • Conducting investigations into a will and the testator’s circumstances, including documents relating to assets they held and medical reports to determine their mental capacity at the time the will was made
  • Guidance through the dispute resolution process, whether this be through mediation or the courts
  • Contesting a statutory will 
  • Other contentious probate and inheritance disputes 
  • Defending a will

Whatever your situation may be, our team will provide a personalised approach to help you overcome the issues you are facing. With your best interests at the heart of any advice we give, you can enjoy peace of mind knowing that this difficult time will be behind you soon.

Here when you need us most

We understand how distressing will disputes can be, particularly when emotions are already running high after the death of a loved one. For this reason, our dedicated team can support you through the entire process with the aim of reducing any feelings of animosity among those involved.

No matter how straightforward or indeed complex your case is, our specialists pride themselves on delivering practical solutions that are free of any legal jargon, ensuring you understand your position and options at all times.

With offices in Leicester, Burton upon Trent, Derby, Swadlincote and Stoke-on-Trent, you’ll never be too far away from expert legal advice when you need it. Whether you would like to speak to us face to face or remotely via email or telephone, we are committed to offering excellent client care that is both accessible and responsive.

Contact our team today

To find out how our expert team of solicitors can help you, contact us today on 0330 123 1229, send us an email via info@smithpartnership.co.uk or complete our contact form.

FAQs

It is a very sensible idea to speak with a solicitor about the process of challenging a will. We can fully inform you about how the law operates and we can assess the strength of your claim.