Grounds for disputing the validity of a will include the following:
– The will does not comply with the formal requirements for making a will- in simple terms, it is not made by a person over 18 and signed by them in the presence of two independent witnesses
– The person making the will did not have the relevant mental capacity to do so
– The person making the will, despite having mental capacity, still did not know and approve the contents of his will
– The person making the will was coerced into making it
– The will had been revoked (for example, by a later will or by marriage)
It is also possible to dispute the terms of a will under the Inheritance (Provision for Family and Dependants) Act 1975. Spouses and civil partners, cohabitants, children and dependants can make a claim under this Act if they were not “reasonably provided for”. It is also possible to make a claim under this Act if the deceased did not leave a will and as a result of this you were not reasonably provided for. Claims must usually be brought within 6 months of a grant of probate being issued.
Kay Baker is a Member of the Association of Contentious Trust and Probate Specialists, (ACTAPS) and specialises in this area of law. ACTAPS lay out a code of conduct that members adhere to aimed at quickly and cost-effectively resolving disputes for their clients.
In some cases, our solicitors are able to offer funding arrangements such as no-win no-fee.
If you want to find out if you have grounds for contesting a will, contact one of our expert solicitors on this topic to make an appointment.
"Jade Shelton was absolutely fantastic!! Professional and proactive at all times."
"The ease that we could access and speak to Pat Smith - Thank you"
"“ This is the second time we have used Tracey for the conveyancing to buy our new home. She is always completely approachable, she has helped us along the way with advice and useful tips that has helped lessen the stress. We have complete confidence in her and would not hesitate to recommend her to our friends and family”. - Peter Dawes, Cater Dawes Financial Planning "
"We found Rachel Dawson outstanding, polite, professional and caring."
"Approachable, very efficient, always willing to take my calls and update me."
"This is by far the go-to firm for any issues. You are made to feel valued from the outset and they are so confident in what they do. Wouldn't recommend any other. Thank you Hugh and Max."
- Ros Jones
"Prompt, helpful, polite and very professional service"
"Jade made the process of buying our first home quick, easy and took the stress out of a new chapter of our lives"
"We were very pleased to have Jade as our solicitor, the service was excellent and we felt kept in the loop which minimised stress"
"I would like to say thank you for your help, support and guidance over the last two and a half years. Obviously should I need further assistance in the future I shall not hesitate to call you guys."