At Brethertons, we understand how sensitive disputes surrounding Wills can be. Whether you are bringing or defending a contested Will claim, you are likely to be brought into a dispute with your family and loved ones, which can come with a number of additional complexities.
As specialists in dispute resolution and litigation, we are well-positioned to support you with the process of challenging a Will, no matter your circumstances. Even in the most emotionally charged situations, our expert Will dispute solicitors will tailor their support and guidance accordingly.
Our solicitors can support anyone wishing to bring or defend a Will dispute, advising on the validity of any claims being made and the processes that need to be actioned. In every case, when you instruct our expert team, we will carefully listen to your situation and concerns, using this to advise you on the most appropriate course of action.
Our experts can help with:
- Reviewing a claim for contesting a Will
- Bringing a claim for contesting a Will
- Defending a contested Will claim
Why choose Brethertons for support with contesting a Will?
- We are experts in dispute resolution first and foremost.
- We work closely with our Wills, Trusts, Capacity and Probate team to ensure that our pool of resources is as deep as possible. This means we are well positioned to advise on the nuances of any type of Will you wish to contest.
- In every case, we tailor our advice to your personal needs to make sure we find the most suitable resolution.
- Our Will dispute solicitors advise clients across the country via videoconferencing, email and face-to-face meetings to provide a highly personalised service.
- We can support you on even the most contentious Will disputes.
- Our team provide clear support that is as straightforward as possible, helping you to understand exactly where you stand and what actions need to be taken.
Our services for contesting a Will
Reviewing your case for contesting a Will
Wills have the potential to be very complex. If you intend to contest a Will, it is important to understand whether you will have sufficient grounds to make a claim and, if so, what evidence will be required to support this.
Similarly, if a claim has been made against a Will that you wish to defend, you will need to have a comprehensive understanding of the Will, the way it was drafted, and the reasons for it being considered legally valid.
When instructed, our contesting a Will solicitors can work alongside you to carefully review the details surrounding the claim at hand, advising you on whether you have sufficient grounds to defend your position and proceed to guide you through the next steps (if applicable).
Bringing a claim to contest a Will
There are a wide range of reasons for contesting a Will. No matter the circumstances, or the grounds you rely on to support your claim, our solicitors will work with you to build a comprehensive case that ensures your rights are upheld and that you secure a positive outcome.
We will take you through all of the relevant steps for contesting a Will, keeping any disruption and conflict to a minimum wherever possible. This includes making a claim at any stage, including contesting a Will after probate.
Defending a contested Will claim
If you are the executor of a Will, or a beneficiary of the contents of a Will, learning that a claim is being made by another party can be incredibly disconcerting. This is especially true if you are due to inherit from the Will, or you know that the Will is an accurate reflection of the deceased’s intentions.
In these cases, our solicitors can support you in defending the contents of the Will, taking the appropriate measures to ensure that it is upheld.
Contesting a Will FAQs
On what grounds can you contest a Will?
There are various grounds for contesting a Will in the UK. While every situation is unique, the grounds that can usually be used include:
- Lack of testamentary capacity
- Lack of due execution
- Lack of knowledge or approval
- Undue influence
- Fraud or forgery
- Clerical error
What proof do you need to contest a Will?
The evidence needed to contest a Will is likely to depend on the grounds used to launch a claim. Typically, evidence is likely to include the following:
- Written documents which indicate the testator’s (the person writing the Will) true wishes.
- Medical evidence to suggest the testator lacked sufficient capacity to make and understand the contents of the Will.
- Evidence of medication taken by the testator which would suggest they were not of sound mind when creating the Will.
- Witness statements.
- Previous Wills which may be significantly different to a new Will.
Who pays if you contest a Will?
Unless both parties involved in a dispute are able to come to an agreement between themselves, the cost of contesting a Will is often decided by the court presiding over a case. For example, the court may decide that the legal cost of contesting a Will should be taken out of the estate itself, or that the losing party should be responsible for paying the winning side’s costs.
Do you need a solicitor to challenge a Will?
There is no strict legal requirement for a solicitor to be involved in challenging a Will. However, given the complexity of contentious probate cases, as well as the potential implications of achieving a positive result, working with a specialist solicitor is always likely to be in your best interests.
How long does contesting a Will take?
The time it takes to contest a Will depends on how long it takes to gather and review the relevant evidence. In some cases, this could take months, particularly where medical records are required.
As you might expect, if you are able to negotiate an agreement voluntarily, this is likely to significantly reduce the time it takes to finalise a claim. If the courts become involved, the process will be much more drawn out.
How much does contesting a Will cost?
It is important to remember that no two cases are ever the same. By extension, this means that the cost of instructing our Will dispute solicitors is likely to vary depending on your circumstances and how complex the issue at hand is.
Our team will be able to provide you with further information on the costs that may be involved in your case and provide clarity on your situation.
Consult our contesting a Will solicitors in Banbury, Bicester and Rugby
To speak to our friendly and approachable contesting Will solicitors today, don’t hesitate to get in touch.
We have offices in Banbury, Bicester and Rugby, working with clients across Coventry and Warwickshire, the West Midlands, Oxfordshire and nationwide.
