Will Dispute Solicitors – Contest a Will

It is always distressing when a loved one dies. Such distress can be exacerbated where there are legal issues about their Will or their estate.

For example, there may be uncertainty about the validity of the Will or maybe a claim is being made against the estate by a third party. You may not have received from the deceased’s estate something they had promised you, or that you were due to receive under the terms of the Will.

Sometimes concerns arise about the way in which a family member’s Will was prepared or signed, and you want to investigate the circumstances to try and understand why you may have been excluded or left a smaller inheritance than you had anticipated or were promised. Alternatively, somebody else may be challenging the validity of the Will or making a claim for a share of the deceased’s estate.

We will guide you through the legal process with clear advice and compassionate support, whether you’re contesting a Will or defending allegations made in respect of a Will you are the Executor or Beneficiary of. 

What is a Will dispute? 

A Will dispute is a more specific type of probate dispute which involves concerns specifically around the contents, validity or fairness of a Will. 

Common reasons disputes occur

A Will can be contested for a number of different reasons, the most common being:

Will validity

There may be doubt over whether the Will has been properly executed, or whether the deceased really understood what they were signing because of a physical or mental impairment or illness. 

Alternatively, when the Will was signed the deceased may have been vulnerable or put under undue pressure to sign. In those circumstances there may be a potential challenge to the Will’s validity.

Inadequate provision

Where it’s claimed that the Will has made inadequate provision for a person, or people particularly connected to the deceased (for example a spouse, partner, child, or somebody who was dependent on them), then that person may be able to bring a claim against the estate for provision under the Inheritance (Provision for Family and Dependants) Act 1975.

True intentions

Where the Will has been ineffectively or poorly drafted, a dispute may arise as to the deceased’s true intentions regarding the distribution of their estate. A Will that is poorly written may lead to confusion over the intentions of the person who made it.

Ambiguous wording, missing details, or inconsistencies can create uncertainty, particularly when key assets are not clearly allocated or beneficiaries are not properly identified. 

A poorly written Will can also raise concerns as to whether the Will was properly considered or too hastily put together, adding weight to arguments that it doesn’t accurately reflect the deceased’s genuine wishes.

If you are writing a Will, you can reduce the chances of confusion for your loved ones when the time comes by taking the time to draft your will properly and ensuring it is legally sound.

Take a look at our Will writing guide, or seek advice from one of our qualified Will writing solicitors. Get in contact with us today to see how we can help.

How long does contesting a Will take

There is no set time limit on how long it takes to contest a Will. 

The range and extent of the issues can be vast, and they are often complicated. If you have any concerns or think you have a claim, you should take advice as soon as possible. 

That’s because some claims, such as those brought by people making a claim for financial provision from an estate, have very strict time limits and must be issued within six months of the date of the Grant of Probate. 

How our lawyers will help you

At Eric Robinson Solicitors our expert lawyers can provide a no-obligation, fixed-fee one-hour interview for £150 plus VAT (£180) to help you establish whether or not you have a claim or grounds to defend. 

If you decide to instruct us beyond this initial meeting then we will discuss with you the various funding options that may be available and we will help you find the one to suit you. 

Most disputes about Wills and Estates are settled before they get to court. That is what we aim for at Eric Robinson Solicitors, because we recognise that taking a claim to court can be expensive and stressful for families. 

So we will explore the ways of settling the dispute including mediation and negotiation. And we’ll make sure that our strategy and advice is tailor-made for you.

Contact your closest office

If you feel you have a claim on a contested will, get in touch with your closest Eric Robinson branch today, we have solicitors offices in the following locations where our team of lawyers are more than happy to assist you:

• Southampton
• Hedge End
• Chandlers Ford
• Winchester
• Lymington 
• Shoreham-by-Sea
• Marlborough
• Richmond Upon Thames