Contesting a Will

If you have concerns about the circumstances surrounding the preparation of the Will and the validity of the Will document itself

Disputes

Contesting a Will

What should you consider?

When a loved one passes away things are never easy, but if you have concerns over the terms of their Will or the circumstances in which it was prepared this can make things even harder.

You may feel that the terms of the Will do not ring true to the intentions of the deceased or that they may have been pressure applied to them at the time of preparing the Will. Or you may simply feel that the terms of the Will are unfair.

On what grounds can I contest a Will?

There are a number of grounds on which a Will can be contested, or challenged, these include:

  • The validity of a Will. You can challenge a Will if it wasn’t drafted correctly.

  • If the deceased did not have the mental capacity to make a Will

  • Fraud / forgery has occurred in relation to the Will

  • The deceased was unduly influenced when they made the Will

If you’re considering contesting a Will, find a solicitors that specialise in contesting Wills who can check your eligibility and guide you through the appropriate steps.

Contesting a Will can be a distressing and complicated process and requires the expertise of a professional who is fully aware of the grounds for contesting a Will.

Our lawyers specialising in contesting Wills can advise on the grounds for challenging a Will.

Our Will dispute lawyers will support you throughout the process

Popular questions
about contesting a Will

If you’re thinking about disputing a Will, it’s important to seek legal advice from our solicitors as soon as possible.

The time limits for making certain types of claim can be quite short, for example to make a claim under the Inheritance Act, you have six months from the date of the Grant of Probate.

If you are contesting the Will the same time limit does not apply, however, we recommend proceeding as soon as possible to avoid any issues.

Each Will dispute is different and how long it takes and what it costs will depend on the your case.

If you’re considering contesting a Will, your first point of contact should be solicitors specialising in contesting wills who can check your eligibility and guide you through the appropriate steps.

Anyone who has a beneficial interest, or potential beneficial interest in the deceased’s estate, can contest the Will, if there are grounds for them to do so.

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Your Will disputes team

Andrew Kelly

Associate Solicitor

Andrew has over twenty years litigation experience and has worked on a wide range of contentious probate matters. He has a particular interest in Will disputes; Inheritance Act claims; Proprietary estoppel; and Professional negligence.

 

Elizabeth Stiddard

Contentious Private Client Paralegal

Elizabeth is a Contentious Private Client Paralegal. Her passion for private client work stemmed from her training period at Goughs, when she realised that she had a natural empathy with clients and their difficult and challenging situations, and could use the law to help them to achieve the positive outcomes that they deserved.

Why work
with Goughs?

Local since 1882, with an excellent reputation

First-class, effective service

Largest solicitors in Wiltshire

Seven offices throughout the county

Nationally accredited law firm

Recognised by Legal 500 and Chambers & Partners

Related Pages

Find out why having a Will is so important

Deed Of Variation (Changing A Will After Death)

Probate

Administration of Estates

Trust and estate registration

Administration of Trusts

Taxation of Trusts and Estates