Disputing a Will
Helping you to understand the grounds for contesting or disputing a Will
Disputing a Will in the UK
Dealing with a death is one of the hardest things a family can go through. When it comes to a loved ones’ will, you want their assets distributed true to their wishes in a fair manner. But you may have concerns about how their will was made, the circumstances in which they were in when the will was created, or whether they were of sound state of mind.
Grounds for disputing a Will
There are a variety of legal grounds for disputing a Will:
- Lack of testamentary: Ensuring they were of sound statec of mind, and had the required mental capacity to make a valid will
- Lack of due execution: The required formalities were not met during the will writing process (the will was made in writing, and signed and witnessed correctly)
- Lack of approval or knowledge of the will: The meaning or content of the will is not clear
- Undue influence or duress: The will was written under pressure or the person was put under pressure or threat to amend or change the will
- Fraud or forgery: The will has had an unauthorised change or a fraudulent signature
- Rectification and construction:The will is unclear or ambiguous, or does not carry out the wishes or intentions of the will creator
Defending a will claim
Defending a will can be an incredibly tough time. If you find yourself needing to defend a claim, we’ll work with you to assess the strengths and weaknesses of the claim being made, and advise you with your best options on defending the case. We understand how hard a contested will of a loved one can be, and will be by your side every step of the way.
If you’re considering contesting a will or need to defend a will claim, our expert team of solicitors or here to support you through the process
Time limits on disputing a will
We understand that you want these matters dealt with as quickly and sensitively as possible. We’ll work with you to put these matters to rest as soon as we can, but there is no definitive time limit for bringing a will dispute to court.
From a practical sense, once the assets and the estate have been distributed things become harder to unpick and settle a claim. To avoid any problems, we advise making us aware of any claims as quickly as you can.
The costs of disputing a will
Litigation can be expensive, and contesting a will can be no different. Inheritance claims can even be more expensive due to the amount of investigation and work involved, as well as the nature of the claim. Inheritance claims are known as a type of ‘hostile litigation’ and therefore two rules apply:
- Costs are at the discretion of the court
- The losing party can be ordered to pay the winning parties costs
The cost will largely depend on when the will dispute is settled. If it is settled quickly, legal costs will likely range from £500 to £1,500. However if parties are required to engage in mediation, costs can rise to £7,500 to £10,000.
Popular questions about contesting a Will
Contesting a Will is not something you should consider without good reason, however we’d be happy to speak to you about your specific circumstances and help you decide the right option for you.
In order for a Will to be contested, it must fall under one of the grounds for contesting a Will. Read the full list here.
Anyone who has a beneficial interest, or potential beneficial interest in the deceased’s estate is able to content the Will.
If the dispute goes before a judge, the judge will decide who pays the costs, however it is often the losing party who will be asked to pay.
There are 3 main types of claim that can be made when you are left out of a Will:
- If you were part of the family of the person who died.
- If the Will was made under pressure or does not reflect the true wishes of the person who died
- If the Will was not properly written (if it was not notarised or signed)
There are extenuating circumstances for each instance, so we recommend you speak to us if you’re unsure of your situation.
If you feel you have grounds to contest a Will, please get in touch to discuss your options with us.
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L C, Devizes
Our Wills were dealt with efficiently, we have already recommended your firm to our daughter and husband. Absolutely brilliant – thank you.
Sue Greenman
Everything was completed professionally and within my tight time scales. I would like to say thank you and would definitely go back to Goughs should I need help in the future.
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Great service, professional, great communication and handled what was a very sensitive situation with care and compassion.
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