Contesting a Will

At Culver Law, our solicitors in London and Cambridge work hard to ensure that our clients’ views and wishes are respected when it comes to a Will.

What Happens When You Contest a Will?

When a Will is contested, or “challenged”, it initiates a legal process whereby the validity of the Will is questioned. This can be a daunting and emotionally challenging time, and contesting a Will is often a lengthy process to experience. It can be difficult to know where to start, but our solicitors at Culver Law are understanding of this and are dedicated to providing support throughout.

When Do I Have Grounds for Contesting a Will?

You may have grounds for contesting a Will if you believe there are valid legal reasons why the Will may be invalid or does not accurately reflect the wishes of the deceased. There are a range of circumstances in which a Will may be contested, such as:

You believe the individual lacked the mental capacity to make it at the time and therefore did not fully understand what the consequences of signing the will would be
The Will has been forged or other fraudulent behaviour is involved
Where you believe that pressure may have been exerted on a person to write their will in a particular way
Something was promised by the deceased before they died but was not included in the Will
Someone is asking the Court of Protection to create a statutory Will on behalf of a person lacking mental capacity but you have reservations regarding whether the proposed Will accurately represents the individual's wishes

The validity of a Will is perhaps the most common reason as to why it may be contested. The Will may be considered invalid if:

If it is suspected that fraud or forgery has occurred
The Will has not been executed or witnessed properly
A later Will has been produced meaning that any earlier Will of the testator has now been revoked
The testator’s Will cannot be found and there are reasons to suspect that the testator had intentionally destroyed their Will
The testator was suffering from a mental illness which may have affected their ability to think, remember or make decisions
If it is suspected that a third party pressured the testator to make a will in specific terms which may not have the intention of the testator

Who Can Challenge a Will?

Several individuals/parties are legally permitted to challenge a Will, ranging from family members to charities. Typically, the following individuals/parties can potentially challenge the validity of a Will:

Beneficiaries - Beneficiaries who believe they have not been adequately provided for in the Will may challenge its validity. This could include family members, dependents or others who expected to inherit from the estate.
Executors or Administrators - In some cases, the executor or administrator of the estate may challenge the validity of a Will if they have concerns about its authenticity or undue influence, or if they believe it does not accurately represent the deceased's wishes.
Intestate Heirs - If the deceased did not leave a Will (intestate), certain relatives may have legal entitlements to the estate under the rules of intestacy. These heirs may challenge the validity of a Will if they believe it does not reflect the deceased's true intentions or if they were excluded unfairly.
Creditors - Creditors of the deceased may challenge the validity of a Will if they believe that their debts have not been properly addressed or if they suspect foul play, such as asset hiding or fraud.
Other Interested Parties - Other individuals or entities with a legitimate interest in the estate, such as trustees, guardians, or charities named in a previous Will, may also have grounds to challenge the validity of a Will.

How Do I Contest a Will, and How Can Culver Law Assist Me?

Contesting a Will is often a long, intricate process in which there are several legal considerations to be made throughout. Our solicitors at Culver Law are professionally qualified to guide you through each step to reduce the stress involved as much as possible. A typical process includes:

Initial consultation to discuss concerns about the Will
Evaluation of grounds to appeal
Gathering evidence of grounds to appeal
Drafting and filing a petition
Negotiation and mediation, outside of court
Litigation, if negotiation or mediation fails
Appealing if you’re not satisfied with the outcome

Using the expertise of our solicitors can greatly increase your chances of success and ensure that your rights are protected. We can assist you with the following:

Legal Expertise - We have the knowledge and experience necessary to navigate the complexities of contesting a Will.
Strategic Guidance - We provide strategic guidance at every stage of the process, helping you make informed decisions that protect your interests.
Peace of Mind - Having our dedicated legal team on your side can provide peace of mind during what can be a stressful and emotionally challenging process.

What Are the Costs of Contesting a Will?

The costs of contesting a Will can vary depending on a number of factors, including the complexity of the case, the level of cooperation among parties involved and the legal fees charged by those representing you.

We can provide a range of pricing and payment options for you including standard hourly rate quotes, fixed costs, deferred payment agreements, no win low fee and possibly no win, no fee options. Please contact us for details.

We will always provide you with a quote before commencing work.

Is There a Time Limit for Contesting a Will?

For any claims under the Inheritance (Provision for Family and Dependants) Act 1975, the given time limit is 6 months from the Grant of Representation, regardless of whether this is a Grant of Probate or a Grant of Letters of Administration. However, the court has the discretion to allow a claim to proceed even if it is filed outside of the time limit in certain circumstances, such as:

If new evidence comes to light that the Will was forged or obtained under fraudulent circumstances.
If medical evidence comes to light that the deceased lacked the mental capacity to create a valid Will.

Why Choose Culver Law?

Compassionate Approach - Contesting a Will often involves delicate family dynamics and emotional challenges. Our team provides empathetic support throughout the process, offering a compassionate ear and guiding you with sensitivity and understanding.
Legal Expertise - Our solicitors specialise in estate law and have extensive experience in contesting Wills, alongside other key legal processes. We stay up-to-date with the latest legal developments, ensuring that we can offer you the most effective strategies for your case.
Tailored Towards Your Needs - We recognise that every situation is unique, and we take the time to understand your specific circumstances and goals. Our personalised approach means that we tailor our legal strategies to achieve the best possible outcome for you and your family.
Transparency Throughout - We believe that open and transparent communication with our clients is vital during difficult circumstances. You can trust us to keep you informed at every step of the process, explaining complex legal concepts in clear and accessible language.

Are You Looking for Legal Support to Contest a Will?

If you believe there is an issue with the Will of a family member or loved one, get in touch with us to discuss the grounds you have to contest. We’re here to ensure you get a fair outcome and ensure the wishes of the Will are legitimately carried out.

Will and Probate Services We Offer

Our team are experienced in handling a broad range of Wills, that include but aren’t limited to:

Will Writing Services

Crafting a well-structured and legally sound Will is crucial to ensure your wishes are honoured after your passing. Our solicitors will work closely with you to identify the right type of Will for your needs, and write a Will that reflects your intentions and safeguards your assets.

From simple or mirror Wills to Trust, we can help.

Will Writing Services
Statutory Wills

A Statutory Will is a Will made by the Court of Protection on behalf of someone who is unable to make one themselves because they lack the required mental capacity. Our team of solicitors in both our London and Cambridge offices are experts in this field, and can assist with statutory Will applications to ensure that the proposed Will aligns with the best interests of the individual.

Statutory Wills
Contesting a Will

Disputes over wills can be emotionally charged. Whether you’re challenging a Will or defending its validity, our solicitors provide strategic advice and representation.

Contesting a Will
Inheritance Act Claims

When you feel unfairly excluded from an inheritance, our team of solicitors can help you explore your options under the Inheritance (Provision for Family and Dependants) Act 1975. We strive to achieve a fair resolution for all parties involved.

Inheritance Act Claims
Beneficiary Disputes

A beneficiary is an individual designated to receive assets, property, or benefits from a Will, trust, insurance policy, or other financial arrangement upon the death of an individual.

Beneficiary Disputes
Testamentary Capacity Disputes

When questions arise about an individual’s mental capacity at the time of making a Will, our solicitors can provide you with expert advice to help you understand your options, and should further action be required, we can assist you by providing legal representation.

Testamentary Capacity Disputes
Contentious Probate FAQs

Contentious Probate is a wide-ranging term and includes any dispute involving a deceased’s estate.

Contentious Probate FAQs

Get in touch

T: 0203 889 0166
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Authorised and Regulated by the Solicitors Regulation Authority. SRA Number: 820401.

Registered Office
Hamilton House, 1 Temple Avenue, London
EC4Y 0HA
Company No. 13313009

Culver Law, London
Hamilton House
1 Temple Avenue
London
EC4Y 0HA
0203 889 0166

Culver Law, Cambridge
9 Hills Road
Cambridge
CB2 1GE
01223 653010

Any information on this website, whilst intended to be accurate, does not constitute legal advice.

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