Contesting a will

Challenging a will you believe is invalid, or that leaves you without reasonable provision.

How we can help

Advising on the grounds for challenge and whether any of them apply
Investigating capacity, undue influence and whether the will was properly executed
Entering a caveat to prevent a grant being issued while matters are resolved
Obtaining the will file and medical records from the period it was made
Negotiating settlement, which resolves most disputes without a hearing
Issuing proceedings where agreement cannot be reached

Your solicitor

Lauren Darbyshire-Robert

Lauren Darbyshire-RobertPractice Manager

What happens next

Tell us about the will, the deceased and why you believe something is wrong.
We advise on the available grounds and secure the position with a caveat if urgent.
We gather evidence and attempt to resolve matters before proceedings become necessary.

Fees for this work

Charged hourly, with a costs estimate at the outset. Funding options including deferred fees may be available depending on the estate.

Common questions

What grounds can I challenge a will on?

Lack of testamentary capacity, lack of knowledge and approval, undue influence, fraud or forgery, or failure to comply with the formal signing requirements. Simply feeling the will is unfair is not, by itself, a ground.

Is there a time limit?

It depends on the claim. Some challenges have no fixed limit but become far harder once the estate is distributed. A claim for reasonable financial provision must generally be brought within six months of the grant. Move quickly.

What is a caveat?

A notice that prevents a grant of probate being issued for six months, giving you time to investigate. It is a holding measure, not a claim, and it can be challenged.

Will I have to pay costs if I lose?

Possibly. The old assumption that the estate pays everyone’s costs no longer holds. We will explain the costs risk honestly before you commit.

Tell us what's happened

Confidential, reviewed by a solicitor, answered within one working day.