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. Duncan Lewis has departments offering probate, litigation and family law services – and also specialises in family mediation. 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.

After grant of probate, property and monies will be distributed to beneficiaries and this may make contesting a will extremely complex.

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.