Skip to Content

Our experienced specialist solicitors can help you.

“We have a team of approachable, responsive solicitors, all of whom are members of the Association of Contentious Trusts and Probate Specialists (ACTAPS). The team is consistently rated year on year as a Top Tier firm by The Legal 500 for its work in this area.”

As well as inheritance disputes, the team also deal with:

  • Claims for removal of Executors
  • Trust litigation
  • Financial abuse of the elderly & vulnerable
  • NHS Continuing Healthcare funding decisions
  • Long-term care funding issues
  • Deprivation of Liberty matters
Tiffany Benson
Tiffany BensonLegal Director - Contentious Trusts & Probate

Wills

Image of a will

Contesting a Will can potentially cover a number of very different claims. Identifying the type of claim an individual may have, depends upon the facts of each case. It is for this reason that we recommend you seek legal advice from a professional team such as ourselves, who are recognised specialists in this area and members of ACTAPS.

Trusts

Trusts cover photo

A trust dispute is any dispute relating to the administration or validity of a trust. Trust disputes can arise for a variety of reasons and can have serious financial consequences. Whether you are a Trustee or a beneficiary, we can assist you with any trust concerns that you may have.

Probate

Probate on a chess board

The administration of a Deceased persons estate can become problematic and complicated, leading to an increased chance of a dispute arising. This may be a dispute between Executors themselves, or between the Executors and beneficiaries of the estate. At Hewitsons our Will & Estate Disputes team, are specialists in contentious probate matters.

Hewitsons Logo

"Needless to say we very much doubt that we could ever have secured such a satisfactory conclusion without your own tenacity and professionalism."

- MR. H
Hewitsons Logo

"I have very much appreciated your exceptional professionalism with this sad situation."

- MRS. B

Contesting a Will

Our experienced, specialist solicitors can help you. We cover the full range of claims in this area including:

  • Contesting the validity of a Will
  • Claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants Act) 1975
  • Proprietary Estoppel claims
  • Claims for the rectification of Wills based on clerical error or a failure to understand a testator’s instructions

Contest with Hewitsons

Contesting a Will can potentially cover a number of very different claims. Identifying the type of claim the individual actually wishes to bring depends on the facts of each case. It is for this reason that we recommend you seek legal advice from a professional, who is a recognised specialist in this area.

Reasons to Contest

Click a reason to learn more.

Invalid Will

It may be that there is strong evidence to suggest the Will is invalid, in circumstances for example where it was incorrectly executed. In such a case the individual would be challenging the validity of the Will and seek to set it aside.

Lack of financial provision

The Will may be valid, however the disappointed beneficiary may not have been adequately financially provided for within the Will and therefore in need of financial provision from the Estate. In such a scenario the client would need to take legal advice as to whether they are a qualifying claimant under The Inheritance (Provision for Family & Dependants) Act 1975.

Download our Practical Guide to Inheritance Act claims

Clauses of the Will are incorrect or unclear

The wording of the Will may be incorrect, or unclear, leading to a claim in rectification or construction of the Will.

Unfulfilled Promises

An individual may have been promised something in lifetime by the Deceased and relied upon that promise to their detriment, only to learn the promise was not fulfilled on the Deceased’s death. In such circumstances the individual may have a claim in proprietary estoppel.

Can a Will be contested?

Contentious probate is a specialist and very niche legal area. Many people believe that simply because they are a close relative of the Deceased and are a disappointed beneficiary, that they have an automatic right to bring a claim to contest the Will. This is not the case and it is for this reason that specialist legal advice should be sought at an early stage.

Before pursuing a dispute as to the validity of a Will, it is important to establish firstly, whether you have “legal standing” to bring a claim (i.e. the right to bring a claim) and secondly, whether you have sufficient evidence to support one of the grounds required (see FAQ), to set aside the current Will in dispute.

Our specialist team can advise you on the appropriate investigatory steps that might need to be undertaken in your specific case. This may involve obtaining further details into the circumstances surrounding the preparation and execution of the Deceased’s Will, from the solicitors who took the Will instructions, for example. Alternatively, the Deceased’s medical records may need to be requested, or statements taken from the witnesses to the Will.

Contesting a Will claims are typically both a sensitive and complicated legal area. Each type of claim referred to above is distinct from the other and has to be approached differently. It would be unwise and potentially very costly, to bring a particular claim yourself without having taken advice on the grounds and procedures to be followed.

It is important to seek specialist legal advice as soon as possible, so that those dealing with the Estate can be notified promptly of any potential contesting a Will claim, ideally prior to the Estate being distributed. Our expert team have many years of experience in this area.

We can advise on all types of contesting a Will disputes and are recognised specialists in this niche legal area. Please contact any member of the team for a free initial discussion to discuss the merits of contesting a Will on 0330 311 0885 or email us at willdisputes@hewitsons.com