Why use The Law Superstore to contest a will?
- Expert solicitors across the country
- Vetted and regulated by the SRA
- Over 100,000 people helped
- Instantly compare quotes from up to 4 solicitors
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I was able to identify a local solicitor to where my case was being heard and in the process of preparing a case for court.
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I had a number of very quick responses & I am using one of them for my POA.
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Quick to respond with clear explanation of the law in a layman’s language.cheaper fees for extra services like planning permissions etc.
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Efficient website, immediate response, instructions issued same day.
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You offered a number of solicitors that all responded to emails or a phone call. So very pleased.
Frequently asked questions
When to contest a will?
Contesting a will is a complex process.
Who writes my will?
I do
Do I need to update my will?
Yes
What are the grounds for contesting a will?
The grounds for contesting a will are specific – there are only a few reasons why contesting might be legally considered. If you believe the person was not mentally capable at the time of making their will, you can contest on the grounds of lack of testamentary capacity. If they didn’t know they were making a will, didn’t understand how the assets would be divided or had a mental illness that might affect their decision making, you could contest using these grounds. Other grounds for contesting include lack of valid execution – this means the will was not legally drawn up. Perhaps it wasn’t signed, or there was no witness. If the testator didn’t know about certain elements of their will, the grounds would be lack of knowledge and approval.
The most well known and often most concerning grounds for contesting a will are undue influence, or fraud. If someone has influenced or coerced your loved one to include them in their will, it’s called undue influence. However, you have to show that their inclusion in the will or the assets they received are directly due to manipulating the testator. You will need evidence and to prove there’s no other reasonable explanation. Fraud and forgery of a will would include faking someone’s name and signature, or using false information to cut someone out of a will.
How to contest a will
The first thing to do is to contact a solicitor. They’ll be able to guide you through the process and identify if you have a case for contesting a will. They’ll go through the different grounds for contesting, and assess which suits your situation best. Your solicitor will submit a claim to the Probate Registry office, which will halt the probate process. This means you’ll also be notified if anything does happen concerning probate.
When someone else is contesting a will
If you're the executor or beneficiary of a will that is being contested by someone else, we'd recommend you speak to a legal expert. This will probably be your probate solicitor, who can advise you what the process is, what the timeline is for dealing with this and how good a claim the person contesting the will has. If you're looking for support, we would recommend our probate experts. This can be a stressful time, and expert legal support is key.
Frequently asked questions
How long does it take to contest a will?
The timeline for contesting a will depends on whether you settle before a trial. Ideally you should also contest before probate is granted, though it is possible to contest a will after probate. It also depends on the grounds for contesting. For example, if there’s a clear error in the will that makes it invalid, that’s much quicker than providing evidence for undue influence, or fraud. Learn more in our article on what happens when you contest a will.
How much does it cost to contest a will?
The cost of contesting a will varies depending on the case and how complex it is. If you end up in court, it could cost hundreds of thousands of pounds. Even just with the back and forth of negotiating with the executors and beneficiaries, if the case becomes contentious, it could end up being many billable hours from your law firm. The best way to find out is to put your details in and get a quote for your particular circumstances, and then compare legal firms.
What are the chances of successfully contesting a will?
The chances of success become much higher when you choose a great solicitor with lots of experience in contesting wills. Your solicitor will be able to identify which grounds you can use to contest, and what your chances are, based on the evidence that you have. It also depends on what your relationship is like with the beneficiaries, whether they agree with you, if you have significant evidence and when you started the protest of contesting. The best way to know how likely you are to be successful is to talk to an expert about your individual case.
Who can contest a will?
Theoretically, anyone can challenge a will but it would usually be someone close to the testator who was expecting to benefit from the estate. If you are contesting under the expectation of a reasonable provision (you depend on the person who died financially) you would normally be a spouse or civil partner, or ex-spouse or civil partner, or child of the deceased.
What if there is no will?
If the deceased died intestate (with no will), the estate will be shared out according to the law. There is no way to contest this if there is no will. Intestate rules mean that 100% of the assets will go to the deceased's spouse. If there is no spouse or they have passed away, it will be split between next of kin, which would usually be children, but if there are no children might be parents or a sibling.
