Disputed Wills & Probate
If you’ve lost a loved one or family member and feel that the will, or the way that probate is being conducted, go against the wishes of the deceased, you may be able to contest the will. You must establish the grounds for contesting the will and be able to provide proof. We can work with you to determine whether or not you have a chance of successfully contesting the will.
Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.
How do I go about contesting a will?
To successfully contest a will, you must find suitable grounds and then provide proof to back up your claim. The following are all grounds for contesting a will:
- Lacking the mental capacity to have a will prepared and sign it off
- Being placed under duress to sign the will
- Lacking the knowledge and approval to fully understand the will
- Ambiguity of the content of the will
- Insufficient formalities in the creation and signing of the will (such as witnesses)
- Fraud or forgery of the will
The above would all be sufficient grounds, but the difficulty in contesting a will comes down to providing proof. All of these issues date back to the time that the will was prepared, making it challenging to prove. The deceased person will have had the best knowledge of the process and whether or not the will was executed correctly. However, despite these challenges, wills are successfully contested and you have nothing to lose by seeking some initial advice on your case.
When should I contest the will?
The most important thing is to act quickly if you feel that the will is not consistent with the deceased’s wishes. If you don’t seek prompt legal advice, there is a risk that probate could be granted before you are able to contest the will.
Whilst this doesn’t stop you contesting the will, it can make matters more complicated. If you do contest the will, it is possible in some cases to halt the probate process until your case has concluded.
How do I get legal advice on contesting a will?
Call us on 0208 1111 911 or contact us through the website and we’ll arrange a time to discuss your circumstances thoroughly with you. If we think you have a valid case for contesting the will, we will explain the process and how we can help you. The initial call is free and we’ll advise you of our fees before you decide to instruct us.
