At Blackstone Solicitors, we understand that contesting a will is often a difficult and emotional decision. When a loved one passes away, the distribution of their estate can sometimes lead to disputes and uncertainty. Contesting a will means formally challenging its validity or the provisions made within it, and it requires a clear understanding of the legal process.
This article outlines the step-by-step process of contesting a will across England and Wales, helping you understand what to expect and how Blackstone Solicitors can support you throughout this journey.
Please click here to find out more about our Wills and Inheritance Dispute Services.
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.
What Does It Mean to Contest a Will?
Contesting a will can involve two distinct types of claims:
- Challenging the validity of the will – arguing that the will is invalid due to reasons such as lack of testamentary capacity, undue influence, fraud, or failure to comply with legal formalities.
- Making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 – seeking reasonable financial provision if you believe the will (or intestacy rules) have failed to provide adequately for you.
Both types of claims have their own specific requirements and procedures, which are important to understand before proceeding.
Step 1: Obtaining Legal Advice
The first and most important step is to seek specialist legal advice. Contesting a will involves complex legal principles and strict time limits, especially for claims under the Inheritance Act.
At Blackstone Solicitors, we provide an initial assessment of your situation to determine whether you have grounds to contest the will and what type of claim may be appropriate. This early advice is crucial to protect your rights, especially if probate has not yet been granted or if the six-month time limit for Inheritance Act claims is approaching.
Step 2: Considering Probate and Entering a Caveat
Probate is the legal process that gives the executor authority to administer the deceased’s estate. Once probate is granted, the estate can be distributed according to the will.
If you intend to contest a will before probate is granted, it is possible to enter a caveat with the Probate Registry. A caveat is a formal notice that prevents probate from being granted for up to six months, giving you time to investigate and prepare your claim.
Entering a caveat early on can be vital in preserving your position and preventing the estate from being distributed before your concerns are addressed.
Step 3: Investigating the Claim
Once you have instructed a solicitor, the next step involves a thorough investigation. This will include:
- Reviewing the will and any previous versions
- Obtaining medical records if capacity or undue influence are in question
- Gathering witness statements from family, friends, or professionals involved
- Assessing financial documents and the value of the estate
- Considering whether alternative dispute resolution (ADR) such as mediation might be appropriate
This investigative phase is critical in building the evidence required to support your claim, whether challenging the will’s validity or making a financial provision claim.
Step 4: Negotiation and Mediation
Before starting court proceedings, parties are generally encouraged to explore negotiation or mediation. Mediation is a confidential and informal process where an independent mediator helps all parties try to reach a mutually acceptable resolution.
This step can save significant time and expense and may preserve family relationships damaged by the dispute. Even if mediation does not resolve the dispute completely, it can clarify the issues and narrow the points of disagreement before court.
Step 5: Issuing Court Proceedings
If negotiation and mediation fail, formal court proceedings may be necessary. Your solicitor will prepare the necessary documentation to issue a claim in the appropriate court.
- For validity challenges, this usually means applying to the Probate Registry or the High Court.
- For Inheritance Act claims, proceedings are typically issued in the High Court or county court, depending on the estate’s value.
It is important to note that Inheritance Act claims must be brought within six months of the grant of probate, so timing is critical.
Step 6: Disclosure and Evidence Exchange
Once court proceedings begin, both sides must disclose relevant documents and evidence. This is known as the disclosure phase and is fundamental to ensuring a fair trial.
This stage may involve:
- Exchanging witness statements
- Commissioning expert reports, such as medical or handwriting experts
- Preparing bundles of documents for the court
This phase can be time-consuming but is necessary to establish the facts and legal arguments supporting each party’s case.
Step 7: Interim Applications and Hearings
During the course of proceedings, there may be interim applications to the court. These could include:
- Freezing orders to protect estate assets
- Directions hearings to manage the timetable
- Applications for urgent relief
These hearings help ensure the case progresses efficiently and that the parties’ interests are protected while the claim is resolved.
Step 8: Final Hearing
The case will ultimately proceed to a final hearing where a judge will consider all evidence and legal arguments.
- For validity challenges, the judge will decide whether the will is valid or should be set aside.
- For Inheritance Act claims, the judge will determine whether reasonable financial provision has been made and, if not, what award should be made to the claimant.
Final hearings can last from one day to several days depending on the complexity of the case. After the hearing, the judge will deliver their judgment, either immediately or at a later date.
Step 9: Enforcement of the Court’s Decision
Once a judgment is made, the estate will be administered in accordance with the court’s decision. This may involve:
- Distributing assets according to an earlier will or intestacy rules if the will is declared invalid
- Making financial payments to the claimant under an Inheritance Act award
- Resolving any outstanding disputes relating to the estate
If any party is unhappy with the decision, there may be an option to appeal, although this is strictly controlled and only permitted on limited grounds.
Timeframes to Keep in Mind
- Entering a caveat before probate is granted can delay the grant for up to six months.
- Inheritance Act claims must be made within six months of probate.
- Validity challenges are ideally raised before probate, though possible afterward in limited circumstances.
- From issuing proceedings to final hearing, cases can take anywhere from several months to several years depending on complexity.
Costs and Funding
Contesting a will can be costly, especially if the case proceeds to court. At Blackstone Solicitors, we provide clear advice on expected costs and possible funding options, including conditional fee agreements (“no win, no fee”) where appropriate.
It is important to weigh the potential benefits of contesting a will against the financial and emotional costs involved.
How Blackstone Solicitors Can Assist You
Our experienced team at Blackstone Solicitors is here to guide you through every stage of contesting a will. We offer:
- Clear, practical advice tailored to your situation
- Assistance in lodging caveats and protecting your position
- Skilled negotiation and mediation services
- Comprehensive case management if court proceedings are necessary
- Compassionate support during what can be a difficult time
We serve clients across England and Wales and understand the importance of resolving disputes efficiently and fairly.
Conclusion
Contesting a will is a multi-stage process that involves careful legal analysis, evidence gathering, negotiation, and sometimes court proceedings. The process can be lengthy and complex, but understanding the steps involved helps manage expectations and ensures that your rights are protected.
If you believe you have grounds to contest a will, prompt legal advice is essential. Blackstone Solicitors is ready to help you explore your options, safeguard your interests, and work towards the best possible outcome.
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. (or whether) to incorporate, what kind of ownership
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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