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Contesting a Will

Have you been unfairly left out of a will? Our specialist probate and litigation teams can give you the help you need.

In a world with increasingly complex and difficult family scenarios, disputes over wills have become more common.

Whilst the Law gives freedom to the maker of a will to choose who can benefit from their estate even if the results may appear unjust, you can make a challenge if the will is invalid or if the will fails to make reasonable provision for you.

Like to discuss your situation? Call us on 01793 853200 to arrange a FREE initial consultation.

Validity of Will

When making a will, strict procedural steps must be complied with and any breach can make a will invalid. For example, if the will-maker;

  • Does not sign in the presence of 2 witnesses
  • Lacks mental capacity
  • Did not know or approve the contents of the will
  • Was subject to undue influence by other family members or third parties

Reasonable Financial Provision

Even if a will is valid, it can be challenged under the Inheritance (Provision for Family and Dependants) Act 1975 if it has failed to make reasonable financial provision.

Claims can be made by spouses, civil partners, children and anyone financially dependent on the deceased

If a challenge under the Act is successful the court will make reasonable provision for the person claiming, taking into account various factors including:

  • Financial needs and resources of all applicants and beneficiaries
  • Obligations that the deceased had to the applicant
  • The size and nature of the estate
  • Any disabilities of the applicant

Any other matter which may be relevant such as the conduct of the parties and the express intentions of the will-maker

Time Limits

Claims under the Inheritance Act must be started at court within 6 months from the date of the grant of representation.  Although there is no time limit to challenge the validity of a will best practice is to bring the challenge before a grant of representation is obtained.

Funding

Our expert team of contentious probate lawyers can advise you on the variety of methods to fund claims including "no win no fee” agreements. We offer a FREE initial consultation to assess the viability of your claim and advise on the process and funding options

Contact Us Today

If you believe you have grounds to challenge a will or you are unsure of your options contact our specialist team to arrange your FREE consultation.

  • Highly experienced team with a proven track record.
  • FREE initial consultation to assess the viability of your claim and advise you on the chances of success.
  • Range of funding options including "No win no fee".

Email Paul Walshe, Litigation Partner, paul.walshe@awdrys.co.uk or call 01793 853200

Factsheets

Contested Wills