Contesting a Will – Your Questions Answered

Losing a loved one is one of the most difficult things you can go through. Along with the emotional upheaval and grief, there’s also more formal matters, such as the distribution of their assets, which is referred to as probate.

If someone has left a Will, the law is in favour of respecting the wishes of the deceased, even if the outcome isn’t exactly what their loved ones were expecting. However, sometimes disputes can arise, and someone feels they may have grounds to contest a Will, this is called contentious probate.

Contentious probate is when some form of conflict arises surrounding the distribution of someone’s estate (property, possessions, money etc). There are many reasons that people feel they need to contest a Will, and it can be a tricky area of the law to get your head around. It can bring up many questions of the logistics, costs, and reasons for doing so.

Although you don’t necessarily need a lawyer to contest a Will, it’s highly advised that you get legal assistance when you’re thinking of doing so. Each case is different, and making sure you get the right guidance can make all the difference. Our contentious probate solicitors are here for you when you’re ready.

But first, let’s move onto some of our most frequently asked questions, answered by our specialist solicitors.

What are the grounds for contesting a Will?

There are a few grounds for contesting a Will. One ground is contesting a Will on the basis that the deceased did not have the mental capacity to reliably create the Will. Another reason might be the deceased was unduly influenced to make a Will against his/her wishes. Both these situations could mean you could claim that the Will isn’t valid.

There can be other reasons, including grounds under the Inheritance (Provision for Family and Dependants) Act 1975, which allows claims to be brought forward if reasonable financial provision hasn’t been made. This can be, for example, if you were completely left out of the Will, or you haven’t received enough to meet your needs.

Again, this is a complicated area of the law, and can be difficult to understand if you’re not trained to do so.

How much does it cost to challenge a Will or contest probate?

When it comes to the cost of contesting a Will, the only reliable answer is “it depends”. This is because of a number of variables: the particular facts of the case, what rates your solicitors charge, how long it takes to resolve the dispute and how complicated the dispute is.

From the outset, our solicitors can take into consideration the factors that are specific to your case and provide you with an estimate of how much it will cost.

Is there a no win no fee solicitor for contesting a Will?

There are a few types of funding that you can look into other than the traditional hourly rates of solicitors when you’re contesting a Will. Some of these options include, conditional fee agreements (no win no fee), deferred payment agreements or third-party funding.

Do you need a solicitor to contest a Will?

No, you can act on your own behalf, but it is generally inadvisable as contentious probate is a complex and challenging area of law. Even if you have read up on it, there may be factors you need to consider before you go ahead with your claim. Getting the support of a specialist solicitor, although not a requirement, is likely to improve your chances of a successful outcome.

How long after a Will is probated can it be contested?

It depends on what aspect of the Will you are contesting. If you are contesting the validity of the Will itself it is preferable to challenge before probate. However, there are some circumstances where a will can be challenged after, but it’s best to do this as soon as possible.

Can a Will be overturned after probate?

In certain circumstances a Will can be overturned after probate has been granted, however, this is much more complicated. If you’re thinking of contesting a Will, you need to act as soon as possible.

Can I contest probate if there was no Will?

You might be wondering what happens if someone hasn’t left a Will. Can you still contest it?

Yes. If there is no Will, an estate will be administered under the Intestacy Rules which govern who will inherit from the deceased person. If you do not fall within these rules, you will receive nothing automatically.

However, you can contest this position if you meet a certain set of criteria.

Who can contest a Will?

If someone believes that the true intentions of the will haven’t been reflected, they can contest the validity of the Will. Much like most of the answers in this article, it depends on the circumstances.

The best thing to do is to talk to a solicitor and explain the situation. An expert can give you advice and help you understand the probability of success.

Contesting a Will isn’t a simple area of the law and can cause a lot of stress in an already turbulent time in your life. We’ve gone through some of our most commonly asked questions, but if you have any more that we haven’t answered, please feel free to get in touch with us. It’s important that you get your voice heard and have all the legal information you need to move forward.

We’re here to help. Contact us today.