Will Dispute Solicitors

Finding that a loved one’s will is not what you expected can be a shock, especially at an already difficult time. Perhaps it was changed late in life, perhaps it leaves out someone the person always said they would provide for, or perhaps something about how it was made does not feel right. If you have concerns, take advice sooner rather than later: some claims have short time limits, and once the estate has been shared out a challenge becomes much harder.

We will listen, look at the facts and give you a realistic view of whether you have grounds and what could be achieved. Wherever possible we aim to resolve things without the cost and strain of a court case.

In England and Wales people can generally leave their estate to whoever they choose. Being disappointed with a will is not enough to challenge it. A will can be challenged where:

• Lack of mental capacity: the person did not understand what they were doing, what they owned or who might expect to benefit.
• Undue influence: they were pressurised or coerced into making it, for example while vulnerable through age or ill health.
• Lack of knowledge and approval: they did not understand or approve what the will actually said.
• Not properly executed: it was not signed and witnessed as the Wills Act 1837 requires.
• Forgery or fraud: the will, or the signature on it, was forged.
• Revoked: it was cancelled, for example by a later will.

If a will is found to be invalid, an earlier will may apply instead, or the estate will be dealt with under the rules of intestacy.

Even where a will is valid, some people can claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they have not been reasonably provided for. That includes a spouse or civil partner, a former spouse who has not remarried, children (including step-children treated as part of the family), someone who lived with the deceased for two years before their death, and anyone the deceased was supporting financially. The same claim can be made where there is no will and the intestacy rules leave someone without reasonable provision.

We have helped many clients with successful Inheritance Act claims and can guide you through the process.

Will disputes turn on evidence. Depending on the grounds, that can include the person’s medical and care records from the time the will was made, the file kept by the solicitor or will writer who prepared it, statements from the witnesses who signed it and from people who knew the person well, and earlier wills. We know what to ask for and how to get it, and we use it to give you an honest assessment before you commit to a claim.

Sometimes the problem is not whether the will is valid but what it means. A will may be badly drafted, contain a clerical error or be open to more than one reading. In some cases the court can interpret a will or correct a mistake so that it carries out what the person intended. These disputes can divide families, so we work to reach an agreed outcome wherever we can.

If you are an executor or a beneficiary and someone is challenging the will, we can defend it on your behalf, from responding to the first letter through to court if it comes to that. If your concern is about how the estate is being run rather than the will itself, speak to our contentious probate solicitors.

1. 1
   Tell us your concerns

   Call or send your details. We talk through what has happened and what you know about how the will was made.

2. 2
   We gather the evidence

   We request the will file, medical records and witness accounts, and enter a caveat if probate needs to be held.

3. 3
   Letter of claim

   We set out the challenge to the other side and look to negotiate or mediate a settlement.

4. 4
   Court proceedings

   If agreement cannot be reached, we take your claim to court and see it through.

The cost depends on the type of claim, its complexity, and whether it settles early or goes to court. Many disputes are resolved through negotiation or mediation, which keeps costs down. In some cases funding options such as a no win, no fee agreement may be available.

We will always give you a clear, realistic assessment of the likely costs and the merits of your case before you commit.

Andrew Horwich leads our litigation team, and Thomas Jordan works in our Wills & Probate team.

Andrew HorwichPartnerLeads our litigation team, with a strong background in wills, probate and elderly client services.Thomas JordanAssociate SolicitorBrings a detailed knowledge of how wills are drafted and administered from his years with a trust corporation and in our Wills & Probate team.

You can contest a will if you have proper legal grounds, such as lack of mental capacity, undue influence, forgery, or the will not being signed and witnessed correctly. Family members and dependants who have not been reasonably provided for may also be able to claim under the Inheritance Act 1975.

Sometimes. Grandchildren are not automatically among the people who can bring an Inheritance Act claim, but a grandchild may be able to claim if they were treated as a child of the family by the grandparent, or were being maintained by the grandparent immediately before the death. A grandchild who would benefit under an earlier will, or under the intestacy rules, may also be able to challenge whether the will is valid.

It depends on the type of claim. Challenges to the validity of a will, such as lack of capacity, undue influence and forgery, have no specified time limit, but a dispute becomes much harder once the estate has been distributed. Inheritance Act claims must usually be made within six months of the grant of probate, although they can be brought before the grant.

Yes. In England and Wales a person can generally choose to leave their estate to whoever they wish, and can leave out a sibling, child or other relative. However, people protected by the Inheritance Act 1975, such as a spouse, a cohabitee of two or more years, a child or someone who was financially maintained by the deceased, may be able to bring a claim if they were not reasonably provided for.

We can enter a caveat at the Probate Registry on your behalf. It prevents a grant of probate for six months, and can be renewed, giving time for questions about the will to be looked into before the estate is administered.

It depends on the grounds. Common evidence includes medical and care records from when the will was made, the will file kept by the person who drafted it, statements from the witnesses and people who knew the deceased, and any earlier wills. We help you obtain it.

The cost depends on the type of claim, its complexity and whether it settles early or goes to court. Many disputes are resolved through negotiation or mediation, which keeps costs down. In some cases funding options such as a no win, no fee agreement may be available. We will always give you a clear, realistic assessment of the likely costs and the merits of your case before you commit.

It depends on the strength of your grounds, the value of the estate and the likely cost and time involved. A claim needs proper legal grounds rather than simply disappointment at what was left. We give you an honest, realistic assessment of your prospects at the outset so you can make an informed decision.