Have a question?
033 3772 0409

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 – and also specialises in family mediation. Our specialist wills and 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, Duncan Lewis’ in house 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 Duncan Lewis 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 offers competitively-priced fees for contentious wills and probate matters, based on hourly rates.

 

For expert legal advice on Contesting a Will, call Duncan Lewis Probate Solicitors on 0333 772 0409

 

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is Spencer House, 29 Grove Hill Road, Harrow, HA1 3BN. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.