Disputing probate, contesting a Will, or bringing a Will claim is a specialised area of law.

 What can we DO to assist you?

• Contesting the Will of a deceased person can be done where you believe:

- The Will is invalid because the person who made the Will:

- lacked testamentary capacity to make the Will.

- was not 18 when they made the Will.

- did so not under their own free will.

- did not understand the true meaning of the Will.

- did not sign the Will in the joint presence of two witnesses

• The Will is a forgery
• The Will was made following fraud amounting to Will fraud.
• The Will being admitted to probate by another person is a copy of a “lost” Will in circumstances where you believe the original Will was “revoked” or “destroyed” by the person making the Will.
• The Will makes no provision for you as a beneficiary, when you believe it should have done.

In general under English inheritance law, people aged over 18 years are free to leave their property to whomever they wish. However, where a Will or an intestacy makes inadequate provision for a spouse, child, civil partner, cohabitee or another surviving dependant who was financially dependent on the deceased at the time of their death, then the law provides a way for such a person to make a claim for “reasonable financial provision” to be made out of the deceased’s Estate. These claims, known as Inheritance Act claims, would be made under the Inheritance (Provision for Family and Dependants) Act 1975 and can be brought, for example, where somebody has been left out of a Will altogether.

You may need to challenge the way in which an Estate or a Trust is being administered if you suspect that the Personal Representatives or the Trustees are not taking their duties seriously or are abusing the position they find themselves in.

For more information about challenging a Will and contested probate matters, please complete the questionnaire here and one of our specialised and experienced solicitors will contact you.