At Blackstone Solicitors, we act for clients across England and Wales, including many in London, who are facing disputes over the validity or fairness of a will. Will disputes are often complex, emotionally charged, and time-sensitive, requiring a combination of expert legal knowledge and sensitive handling.
This guide explains the process of contesting a will in London, the common legal grounds, time limits, and practical steps you can take if you believe a will is invalid or has failed to make reasonable provision for you.
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Free Initial Telephone Discussion
For a free initial discussion on how we can help you deal with the legal implications of contesting a Will, get in touch with us today. We are also experienced in dealing with all aspects of Wills, Probate and inheritance disputes and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Why contest a will?
A will is intended to reflect a person’s final wishes about the distribution of their estate. However, there are times when the will does not appear to reflect what the deceased truly wanted, or where the law has not been followed in its preparation and execution.
Disputes can arise for many reasons, including:
- You have been unexpectedly excluded from the will.
- You believe the will was made under pressure from another person.
- The will differs significantly from earlier versions without clear explanation.
- The deceased did not have the mental capacity to understand what they were signing.
- You believe the will has not been executed properly under the law.
Legal grounds for contesting a will
There are two main types of claim you can make when contesting a will in London (or anywhere in England and Wales):
- Challenging the validity of the will – arguing that the will is legally invalid.
- Making a claim for reasonable financial provision – even if the will is valid, claiming under the Inheritance (Provision for Family and Dependants) Act 1975 if you were financially dependent on the deceased.
Below are the key grounds on which the validity of a will may be challenged.
- Lack of testamentary capacity
The testator (person making the will) must have understood:
- That they were making a will and its effect
- The nature and extent of their assets
- The claims of those who might reasonably expect to benefit
If they were suffering from dementia, serious illness, or the effects of medication, capacity could have been impaired. Evidence from medical records and witness statements is crucial.
- Lack of knowledge and approval
The will must reflect the testator’s true intentions, and they must have understood and approved its contents. Suspicious circumstances, such as a radical change to the will in favour of one person or exclusion of close relatives, can shift the burden of proof onto those seeking to rely on the will.
- Undue influence
If someone applied coercion or pressure that overpowered the testator’s free will, the will can be set aside. This is often difficult to prove, as it usually happens behind closed doors, but circumstantial evidence can be compelling — for example, if the influencer arranged the will and is a major beneficiary.
- Fraud or forgery
A forged signature, altered document, or will created without the testator’s knowledge would be invalid. Expert handwriting analysis and forensic evidence may be needed.
- Failure to follow formalities
Under the Wills Act 1837, a will must:
- Be in writing
- Be signed by the testator (or by someone at their direction)
- Be witnessed by two people present at the same time
- Be signed by the witnesses in the presence of the testator
Any failure in these formalities may render the will invalid.
Contesting a will in London – procedure
The process of contesting a will in London follows the same rules as in the rest of England and Wales, but you may encounter practical differences due to the location of the probate registry, the court handling the matter, and the availability of witnesses or evidence.
Here’s a typical outline:
- Seek immediate legal advice
Early action is essential. If probate has not yet been granted, your solicitor can enter a caveat at the Probate Registry. This prevents the grant of probate and gives you six months to investigate the case.
- Investigate the evidence
We gather the will file from the solicitor or will-writer, medical records, witness statements, and previous wills. If necessary, we instruct expert witnesses in handwriting, capacity, or other relevant fields.
- Consider alternative dispute resolution
Many will disputes in London are resolved through negotiation or mediation. This can be quicker and less costly than court proceedings, and may help preserve family relationships.
- Court proceedings
If settlement is not possible, proceedings are issued in the High Court’s Chancery Division. The court will determine the will’s validity and/or decide on your claim for reasonable provision.
Time limits
- Challenging a will’s validity – there is no fixed statutory deadline, but you should act before probate is granted and assets are distributed.
- Inheritance Act claims – must be issued within six months from the grant of probate.
Delays can weaken your case and make recovery of estate assets more difficult.
Costs and funding
The general rule in will disputes is that the losing party pays the winning party’s costs, but the court can order the estate to bear the costs if the dispute arose from the deceased’s conduct or from genuine uncertainty.
At Blackstone Solicitors, we provide clear advice on likely costs and may be able to offer “no win, no fee” arrangements in appropriate cases.
Special considerations when contesting a will in London
High-value estates
London estates often involve high-value property and complex assets, which can make disputes more contentious and worth pursuing.
International elements
Many London-based individuals have overseas assets or beneficiaries. This can add complexity, particularly where different legal systems are involved.
Witness availability
If witnesses live abroad or are difficult to locate, securing their statements early is vital.
Preventing disputes in the first place
If you are making a will in London and want to reduce the risk of it being contested:
- Instruct an experienced solicitor
- Ensure all formalities are followed precisely
- Obtain a medical capacity assessment if there is any doubt
- Avoid involving beneficiaries in the will-making process
- Keep clear records of your intentions and instructions
How Blackstone Solicitors can help
At Blackstone Solicitors, we have extensive experience in handling will disputes, both in London and nationwide. We offer:
- Rapid assessment of your case’s strengths and weaknesses
- Immediate steps to protect the estate, including lodging caveats
- Thorough evidence gathering from all available sources
- Skilled negotiation to reach favourable settlements
- Strong, decisive representation in court where necessary
We understand that contesting a will is not just a legal matter but a deeply personal one. Our approach combines robust legal strategy with empathy for your situation.
Conclusion
Contesting a will in London involves the same legal framework as elsewhere in England and Wales, but the higher value of estates, the possibility of international issues, and the practical challenges of gathering evidence in the capital can make these cases particularly complex.
If you believe a will is invalid or that you have been unfairly left without reasonable provision, it is essential to act quickly and obtain expert advice. At Blackstone Solicitors, we are committed to protecting your rights and guiding you through every stage of the process with clarity and determination.
How we can help
We have a proven track-record of helping clients deal with contesting a Will. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of contesting a will. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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