The UK’s Trusted Probate Specialists

Contesting A Will

If you are unhappy with a will we can help you.

We are experts in advising families on contesting wills and operate across the UK, and have acted in all types of will disputes. You can see some of the cases we have acted in by clicking here.

Tim Murden heads our Contested Probate team and can be contacted 01482 429985 or via e-mail at tim.murden@tmsolicitors.co.uk

Getting Started: what you need to know to challenging a will

The starting point in all  will disputes is  whether you actually have a case. To help you answer these questions, we have listed below some of the most frequently asked questions :-

Who Can Contest a Will ?

The persons entitled to make a claim vary and depend upon a number of factors. Typically, those persons who make a claim fall into the following categories :-

  1. A blood relative to the Deceased
  2. A disappointed beneficiary under a will or an earlier will
  3. Someone who was owed money by the Deceased ( known as a creditor )
  4. A person that may have been financially supported by the Deceased ( an Inheritance Act Claim)
  5. Someone who was a beneficiary under an earlier will
  6. A person that believes that they have suffered a loss as a result of negligence by the Deceased or by the Drafting of the will
  7. A person making a legal claim on behalf of the estate eg. PPI or Medical Negligence
  8. Someone that was promised something and has not received their inheritance suffering a detriment

If you are wanting more help and advice on the persons who can contest a will please click here for more help.

How long do you have to challenge a will?

There are various time limits that apply to different types of claim as a consequence of this, it is critical that you seek legal help immediately so that you make a claim. As a general rule, it is always important to present your claim as early as possible as clearly estate assets can be spent or disposed off.

The Key time limits that you must be aware of when contesting a will are :-

  1. 6 months from the date of the grant of probate or letters of administration for a claim under the Inheritance ( Provision For Family and Dependants ) Act 1975
  2. Fraud there is no time limit
  3. Beneficiary making a claim against an estate is 12 years – but in reality a claim must be made straightaway as otherwise assets can be spent

Click here for more advice on important time limits.

How much does it cost to contest a will?

We recognise that often funding a claim isn’t easy. For this reason, we have a range of funding options which include :

  1. Deferred Fees
  2. Fixed Fee Case Assessments
  3. No Win No Fee Agreements
  4. Damages Based Agreements which mean that you may a % of what you may recover as a result of your claim

How to challenge a will: contested probate disputes

Contesting a will is never straightforward. There are a variety of ways to challenge a will, as a result of this it is always important to seek legal advice straightaway. The most common will disputes though tend to fall into the following categories :-

  1. Claims under the Inheritance Act 1975 for financial support
  2. Claims challenging the validity of the will
  3. Claims for undue influence
  4. Debt Claims
  5. Claims Made on behalf of an estate

How you can dispute a will ?

Examples of when you can contest a will

  • When the Deceased failed to honour promises under a will
  • When a will fails to leave adequate financial provision
  • What is a caveat in probate? Stopping probate
  • Undue influence
  • Lack of capacity claims

How to Defend a Claim

If you are an executor or Administrator and have received notification of a potential claim against an estate – we can help.

You can see more on how we can help Defending Claims Against Estates

Our expertise and experience in will and probate disputes

We are one of the few firms to genuinely specialise in contested probate cases. Our experience, and the cases we have handled can be seen by clicking on our Contested probate cases

Questions ?

Make a free, no obligation enquiry now. Call us on 0845 568 4000 or click here to make a free online enquiry.

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