Disputing a Will

Helping you to understand the grounds for contesting or disputing a Will

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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.

Key Contact

David Patterson

Partner and Head of Contentious Probate

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.