Contesting a Will

Losing a loved one is never easy. When questions arise over the legitimacy of a will, emotions can run high and legal complexities often follow. Contesting a will is the formal process of challenging its validity or the fairness of its contents, and it plays a vital role in protecting the rights of those who believe they’ve been unjustly treated.

At Blackstone Solicitors, we provide clear and compassionate legal support to individuals seeking to contest a will across England and Wales. Our expertise ensures that these sensitive matters are handled with both rigour and respect.

At Blackstone, we always aim to provide the best service possible. Meticulous in our approach, we will make sure everything is dealt with as you wish and will keep you updated throughout the legal process, ensuring that you always know of any developments.

“Very pleased, staff were helpful and friendly. Isabella was excellent to deal with, very prompt and helpful.”

– Laurence Orchant

Grounds for Contesting a Will

There are several legal grounds on which a will may be contested:

Lack of Mental Capacity: If the person who made the will (the testator) did not have the mental capacity to understand the implications of their decisions at the time the will was made, the document may be deemed invalid.
Undue Influence: A will may be challenged if it can be shown that the testator was coerced, manipulated, or improperly influenced by another party when creating or amending it.
Fraud or Forgery: If there is evidence that the will was tampered with or signed under false pretences, a claim may be brought.
Failure to Follow Formalities: Wills must comply with strict formal requirements, such as being properly signed and witnessed. Any deviation could render the will invalid.
Inheritance Act Claims: Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can apply for reasonable financial provision from an estate if they feel inadequately provided for.

Who Can Contest a Will?

Those eligible to contest a will typically include:

Spouses, civil partners, and former partners
Children, including step-children and dependants
Individuals financially maintained by the deceased
Beneficiaries of previous wills or those with a legitimate interest in the estate

Every case is unique, and the success of a claim depends on the facts and evidence available. Acting quickly is essential, especially for claims under the Inheritance Act, where time limits apply.

The Legal Process

Contesting a will often begins with legal advice and an assessment of the claim’s merits. The next steps may include:

Investigation: Reviewing medical records, witness statements, and earlier versions of the will.
Pre-Action Correspondence: Engaging in negotiation or mediation to resolve the dispute without litigation.
Court Proceedings: If settlement isn’t possible, proceedings may be issued in the Probate Registry or Chancery Division.
Resolution: Either through a negotiated settlement or a court judgment.

At Blackstone Solicitors, we strive to resolve disputes pragmatically, minimising the emotional and financial strain often associated with inheritance litigation.

Support When You Need It Most

Contesting a will can be a challenging process, both legally and personally. Our experienced team is here to guide you through every step, offering clear advice and tailored support to help you achieve a fair outcome.

Our Approach

We place huge emphasis on getting things done properly and efficiently. This is especially true when providing legal advice concerning contesting a Will and we have vast experience of this area of law. We take all of the necessary provisions to protect you, your family and your estate ensuring they are properly set out, fulfilling every aim and objective whatever your requirements may be.

Our Services

We can provide help with a wide range of matters relating to wills and inheritance disputes, including:

Get in Touch

Contact us today to discuss any matter relating to contesting a Will. We can talk about your situation in-depth and get to the bottom of what you need and how we can help. We are here to answer any questions which you have, and we aim to make everything as simple for you as possible.

Our team is approachable and professional, and we will do everything in our power to help you get the outcome you need. Call us on 0330 808 0801 or, if you would prefer us to contact you, leave your details via our online enquiry form.

We offer our services to clients in Manchester, Chester, Cheshire and throughout the rest of the UK. We also have an office in London.