Contesting a Will

Contesting a Will

Wills sometimes cause friction among families and extended families – and in some cases, it may be necessary to contest a will.

This may happen if a family member or partner of the deceased feels that they have been left out of a will unfairly, or have not received a fair proportion of the estate – or the will fails to take into account their entitlement under inheritance law.

It may also be that the deceased made a will as a result of external pressure from another party – or perhaps it is felt by some family members that their loved one was not fully aware of the implications of a will.

In some cases, it may be that a will has been drafted in a certain way because of inheritance tax liability – or because one member of a family may be vulnerable and need additional support.

Duncan Lewis Wills and Probate solicitors can review any will and advise on the legal position regarding contesting a will.

Grounds for contesting a will

Under the Inheritance (Provision for Family Dependants) Act 1975, the grounds for contesting a will include:

• Claim for rectification and construction (Executor does not carry out the deceased’s wishes);
• Fraudulent and forged wills (proof that the will is not genuine);
• Lack of knowledge and approval (deceased must have known of and approved the will);
• Lack of valid execution (does not meet legal requirements of the Wills Act 1837);
• Lack of testamentary capacity (must be of sound mind);
• Undue influence (deceased was coerced into making the will).

Contesting a will can cause serious rifts in families and extended families. Our specialist Wills, Probate and Litigation solicitors can offer clear advice on all the different aspects of contesting a will – and will pursue any litigation in a probate matter robustly.

In cases where there may be criminal intent involved in the drafting of a will, our criminal law experts can advise, if required.

Duncan Lewis Wills and Probate Solicitors – Contesting a Will

Under the Inheritance (Provision for Family & Dependants) Act 1975 of England and Wales, there is a time limit for contesting a will, so it is vital to contact our Probate solicitors as soon as possible after probate is granted. We have a proven track record in Contentious Probate matters. 

After grant of probate, property and monies will be distributed to beneficiaries and this may make contesting a will extremely complex and recovering sums which are already distributed even more difficult.

Duncan Lewis Probate solicitors offer competitively-priced fees for contentious wills and probate matters, based on hourly rates.

For expert legal advice on contesting a will, call Duncan Lewis Wills and Probate solicitors on 0333 772 0409.