Challenging the validity of a Will

Contesting Will

At Nelsons, we recognise that the process of contesting a Will can be daunting and fraught with emotional and legal complexities. Our dedicated team of solicitors in Derby, Leicester and Nottingham is committed to providing you with the expert advice and robust representation needed to challenge a Will effectively and compassionately.

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Grounds for Contesting a Will

There are several grounds on which a Will can be contested, including:

  • Lack of proper formalities All Wills must follow certain formalities to be valid. For example, they must be written, signed and witnessed correctly. It is relatively easy to make a mistake when executing a Will and homemade Wills are particularly susceptible to challenge for failing to comply with formalities.
  • Lack of testamentary capacity A person must be of sound mind and be able to comprehend their assets when making a Will. Contesting a Will based on a lack of capacity often requires evidence from medical experts, to discover whether the person had signs of confusion or dementia when making the Will.
  • Lack of knowledge and approval A person must know and approve of the contents of their Will. If the circumstances surrounding the preparation or execution of the Will ‘excite suspicion’, it may not be valid – for example, if the Will was drafted by one of its beneficiaries.
  • Undue influence If a Will does not reflect the true wishes of the testator it can be set aside. Undue influence can take various and subtle forms – bullying, intimidation or even maligning a third party to cause someone to change their Will. It must be proved that the person was coerced into making the Will, it is not enough that they were persuaded, and coercion must always be demonstrated with strong evidence.
  • Forgery or fraud If a Will has been tampered with or was not signed by the deceased, it will not be valid. Fraud is a serious allegation and must be supported by evidence, usually from a handwriting analysis expert.
  • Will rectification If there was a clerical error when making the Will, or the deceased’s instructions were not understood, an application for the Will to be rectified can be made.

How we can help

Contesting Will

At Nelsons, we have a specialist team of inheritance disputes solicitors who can help you in contesting or challenging a Will. Our team offers comprehensive services to assist you in contesting a Will, including:

  • Initial consultation – We will discuss your case in detail, providing you with a clear understanding of your options and the likelihood of success.
  • Gathering evidence – We will help you collect the necessary evidence to support your claim, including medical records, witness statements, and expert opinions.
  • Negotiation and mediation – We aim to resolve disputes amicably through negotiation and mediation, minimising the stress and cost associated with Court proceedings.
  • Court representation – If necessary, our skilled litigators will represent you in Court, advocating for your rights and interests.

Meet the team

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Why choose Nelsons?

  • Experienced team – Our solicitors have extensive experience in handling Will disputes and are well-versed in the complexities of probate law.
  • Recognised expertise – Our team specialise in Will disputes and includes members of The Association of Contentious Trust and Probate Specialists (ACTAPS). The team is also recommended by the independently-researched directory, The Legal 500, as one of the top teams of specialists in the country.
  • Personalised service – We provide tailored advice and support, ensuring that you receive the best possible outcome for your unique situation.
  • Transparent fees – We offer clear and competitive pricing, with no hidden costs, so you can proceed with confidence.

Testimonials…

  • "Nelsons...has a sizeable contentious trusts and probate team that frequently handles disputes concerning high value estates..."

    The Legal 500
  • "...The team displays strong expertise in Inheritance Act claims, complex challenges to wills, court of protection and defamation matters..."

    The Legal 500 (Continued)
  • "...Practice head Kevin Modiri and his team are 'sensible and pragmatic' and frequently deliver client training and CPD seminars.”

    The Legal 500 (Continued)
  • "The team has grown in recent years and there are now genuine specialists and strength in depth within this practice area."

    Referee feedback provided to The Legal 500 2024

To discuss how our specialist team of inheritance disputes solicitors might be able to act on your behalf when contesting a Will, please call 0800 024 1976 or contact us via our online enquiry form.

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Contesting a Will FAQS

Below, we have answered some frequently asked questions concerning contesting a will

  • Who can contest a Will?

    Typically, individuals who have a financial interest in the estate can contest a Will. This includes beneficiaries named in the Will, individuals who would have inherited under a previous Will, or those who would inherit under the rules of intestacy if the Will is deemed invalid.

  • How long do I have to contest a Will?

    When contesting a Will there is a time limit of 12 years from the date of death, or in the case of fraud, there is no time limit. It is however vital to take expert legal advice as soon as there are grounds to do so, to prevent the estate from being distributed based on an incorrect Will.

  • What evidence is needed to contest a Will?

    The evidence required will depend on the grounds for your challenge. Common types of evidence include medical records, witness statements, expert opinions, and documentation related to the execution of the Will. Your solicitor will help you gather and present the necessary evidenc

  • Can contesting a Will be settled out of Court?

    Yes, many disputes over Wills are settled out of Court through negotiation and mediation. This can be a less stressful and more cost-effective way to resolve the issue.

Get in touch

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