Contest a Will

In order to have "legal standing" to bring a challenge to the validity of a Deceased persons Will, you must be a beneficiary of a greater share under a previous Will (if they had one), or a beneficiary under the laws of intestacy (where there is no previous Will). It is wrong to assume that everyone can contest a Will, in such circumstances.

If the current Will subject to challenge is successfully overturned and declared invalid, the Deceased’s directly previous valid Will, will usually be resurrected. In the event that an overturned invalid Will creates an intestacy, there is a strict hierarchy of relatives in those circumstances who will then inherit the Deceased’s Estate.

You must therefore be satisfied that you are a beneficiary under a previous Will (or intestacy), before bringing such a claim. Hewitsons specialist team can establish whether you have the requisite legal standing and in turn, sufficient merit to investigate the claim further.

There are a number of other Will disputes, aside from challenging the validity of a Will. Depending upon the type of claim, there may be certain categories of individuals only who can bring a claim, set out within legislation. Due to the very diverse nature of claims that can be brought againfst a Deceased individuals Estate, it is advisable to obtain specialist advice, from the very outset. For free advice on whether you can contest a Will, call 0330 311 0885 or email us at willdisputes@hewitsons.com. 

It is very difficult to say at the outset what the overall costs of contesting a Will may be. As part of your free initial consultation we will establish the nature of your claim and provide a fee estimate of any initial work to be undertaken. The majority of cases can be resolved without court intervention. Others may require the courts involvement and case management. Much depends upon the complexity of the claim and the stance to be taken by the opponents in the case.

Litigating any claim through the Court can be costly and it is incorrect to assume that costs in these types of cases, will be paid out of the Deceased’s Estate. Ultimately, where court proceedings have been issued, it is at the discretion of the Court where the costs fall, however more often than not, it is the losing party who bears the winning party’s costs, in addition to their own.

We recognise that contesting a Will claims are often complex and emotionally charged. We appreciate that in most cases, your primary objective will be to dispose of the dispute as quickly and cost-effectively as possible.

Hewitsons have a team of solicitors who are experienced in providing the specialist knowledge required to resolve these disputes at highly competitive rates. The focus of our solicitors is to achieve a negotiated settlement, where possible, in order to minimise costs. We actively promote dispute resolution methods such as mediation and a good deal of the advisory work we do relates to how settlements might be structured so as to avoid costly court proceedings.

If settlement discussions are unsuccessful, we have a proven track record of success at trial. Call us for free advice on 0330 311 0885 or email us at willdisputes@hewitsons.com. 

In terms of challenging the validity of the Deceased's Will, the grounds for challenging a Will are limited. Testators are meant to have complete testamentary freedom when it comes to making a Will and can leave their Estate to whoever they wish, as long as the Will is valid to start with.

The grounds for disputing a Will are as follows:

1. The Will was not correctly signed and witnessed
2. The signature on the Will is not the Deceased's signature
3. The Deceased lacked testamentary capacity at the relevant time
4. The Deceased did not know and approve of the contents of the Will
5. The Deceased was subject to the undue influence of another person

For more information on the grounds for contesting a Will, please contact one of the Hewitsons Will dispute lawyers on 0330 311 0885 or email us at willdisputes@hewitsons.com. 

If you are an Executor or Administrator of a Deceased person’s Estate, or a beneficiary under the Deceased’s Will or intestacy, you may be faced with a situation where you are notified of a potential claim upon the Estate. Such a claim may impede the administration and ultimate distribution of the Estate, until the dispute has either been resolved or disposed of. In such circumstances it is very important to seek specialist legal advice on the merits of the potential claim and how best to respond, as soon as you receive notification of the dispute. We have a team of approachable, responsive solicitors, all of whom are members of the Association of Contentious Trusts and Probate Specialists (ACTAPS).

Call us for free advice on 0330 311 0885 or email us at willdisputes@hewitsons.com. 

Under English law, it is acknowledged that Testators should have complete testamentary freedom and be able to leave their estate to whoever they wish, provided the Will is valid. However, there is an exception to this principle under The Inheritance Act (Provision for Family and Dependants) 1975. This Act recognises, that where an individual was dependent upon the Deceased, the Deceased owes that individual an obligation to make provision for them from their Estate.

Call us for more information on 0330 311 0885 or email us at willdisputes@hewitsons.com. 

To bring a claim under the 1975 Act, the Deceased must have lived in England or Wales. In addition, you must be a potential claimant who falls within one of the classes of applicant set out under S.1 of the Act (referred to above).

If you are a qualifying Claimant, to bring a successful claim, you must be able to evidence that the Will (or intestacy where there is no Will), fails to make reasonable financial provision for you

If the Will or intestate Estate fails to make reasonable financial provision for the applicant and this is deemed unreasonable, then the Court has the discretion to make appropriate provision for the applicant from the Deceased’s Estate. What is reasonable financial provision, will depend upon the size and nature of the Deceased’s Estate.

Call us for more information on 0330 311 0885 or email us at willdisputes@hewitsons.com. 

A claim under the 1975 Act must be brought within 6 months of the date of the Grant of Probate (or Grant of Letters of Administration where there is no Will).

To bring a claim outside of the limitation date requires the permission of the Court and is given in exceptional circumstances only.

Don’t delay contacting our specialists, the first 30 minutes is completely free call 0330 311 0885 or email us at willdisputes@hewitsons.com. 

All Personal Representatives of an Estate (Executors or Administrators) will be joined as a Defendant to any claim under the 1975 Act and are required to file certain evidence.

Since it is the Personal Representative’s job to collect in and administer the Deceased’s Estate only, such a claim should not be treated as a hostile action against those representing the Estate. Personal Representatives are therefore meant to adopt a “neutral stance” in such claims, to avoid being personally at risk on costs.

It is for the beneficiaries under the Will (or intestacy) to actively defend the claim and/or seek to explore a settlement with the Claimant.

If you need professional help call our expert lawyers on 0330 311 0885 or email us at willdisputes@hewitsons.com.