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Contesting a Will

Contesting a Will FAQs

How do I contest a Will?

Depending on the circumstances surrounding your Will dispute, the process may differ slightly. However, the typical steps for contesting a Will include:

  1. Investigation

This stage involves your solicitors examining the Will in question and all related documentation to confirm whether you are able to make a claim and the type of claim that should be made.

  1. Mediation

The majority of disputes are settled through mediation, which avoids the need to attend court, reducing time and costs. Mediation will involve a neutral party, a mediator, helping all parties come to an agreement that works for everyone.

  1. Court

If your dispute cannot be resolved using mediation, the matter will go to court. Whereby the judge will decide on the outcome of the claim. Whilst this can be a difficult situation, our solicitors will guide you through the court proceedings.

Who has the right to contest a Will?

There are a number of reasons why you may be able to contest a Will or bring a claim, including if you:

  • Have been named as a beneficiary in a previous Will
  • Were promised inheritance
  • Were named in a draft Will that was never signed
  • Are the spouse/civil partner, former spouse/civil partner, child, stepchild, or someone who was financially dependent on the individual who has passed away

It is important to note that this list is not exhaustive; if you feel you have a right to contest a Will and do not meet one of the criteria above, then please contact our Will solicitors to explore your options.

What are the grounds for contesting a Will?

A Will can be contested based on the following grounds:

  • Lack of testamentary capacity – whereby the individual who made the Will did not have the mental capacity to understand the decisions they were making
  • Undue influence – whereby the individual was coerced or forced into making their Will
  • Want of knowledge and approval – whereby the individual making the Will was not aware of or approve the contents of it the Will
  • Lack of due execution – whereby the legal requirements for signing a Will were not complied with
  • Forgery – whereby the signature on the Will is fake
  • Fraudulent calumny – whereby other parties have wrongfully informed the individual making the Will of another, influencing a change of the Will contents
Is there a time limit for contesting a Will?

The time limit on contesting a Will is dependent on the nature of the claim. In some cases, the time limit can be as little as six months after the grant of probate. As a result, we would recommend contacting our team as soon as possible, to avoid missing your time period.

Case Studies

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Martin Woodford

Partner | Commercial Litigation

+44 (0) 330 137 3319

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Gaynor Jackson

Consultant | Wills, trusts and legacies

+44 (0) 330 137 3344

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Ashleigh Lavender

Managing Associate | Commercial Litigation

+44 (0) 330 137 3297

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Matthew Sigsworth

Managing Associate | Commercial Litigation

+44 (0) 330 137 3298

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