Contest a Will Solicitors

If you have grounds to contest a will, it’s vital that you seek legal advice as soon as possible. Tees’ expert solicitors can guide you through the process of challenging a will.

Contesting a will solicitors: Expert legal advice

As wills, trusts and probate solicitors, we wish everyone would make a will. Unfortunately, even when they do, the will doesn’t always make it clear what the deceased person wanted or intended.

People can have widely differing views of what the deceased person meant. Or, you may have concerns over the validity of the will. It can come as a bit of a shock if you realise that the deceased person’s will isn’t what you were expecting, perhaps due to a previous promise made to you by the deceased. You’ll want to talk to someone who has the knowledge and experience to help you decide what to do for the best.

Can I contest a will?

Yes. There are a range of circumstances where it is possible and possibly a good idea depending on your situation. Our specialist contentious probate solicitors can guide you through the legal process – and help you secure a favourable outcome. Our team includes members of the Association of Contentious Trusts and Probate Specialists (ACTAPS) and the Society of Trust and Estate Practitioners (STEP).

Grounds for contesting a will

There are various reasons why you might challenge someone’s will, listed below. You can also read our guide to grounds for contesting a will.

  • Lack of capacity – if you believe that the person didn’t have the mental capacity to make their will or change it.
  • Inheritance: Provision for dependants – you can challenge someone’s will if you think they haven’t made reasonable provision for their dependants – for example, a co-habitee, spouse or civil partner, their minor children or adult children in constrained financial circumstances.
  • Fraudulent will, forgery or improper execution – you can challenge a will if you think it’s a forgery or if you think it may not have been executed in the actual presence of the witnesses named in the will.
  • Undue influence – if you believe that the deceased person was coerced by someone else to make their will in a certain way. 
  • Read our guide to grounds for contesting a will. 

Critical perspective on commercial inter-family issues being mindful of the niceties of how disputes can affect human issues.

Time limit to contest a will

The time limits in this situation vary. For a claim under the Inheritance Act, the time limit is six months from the date of the Grant of Probate. To contest the will, for example on the grounds of capacity or fraud, the same time limit does not apply. However, many people aim to wind up estates within 12 months, so it’s sensible to proceed as soon as possible. If the possessions that made up the estate have already been distributed, obviously this is likely to make it harder for you to get anything back that you may be due, so it’s always sensible to get advice and proceed as quickly as possible. Claims made a long time after the event could also be more complicated and therefore expensive.

Challenging a will: confidential advice

Our wills solicitors have the legal expertise and practical knowledge to help sort out disagreements over a will. Give us a call for a confidential conversation and let’s talk about how we can help.

We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales.

The financial services provided on this page are by Tees Financial Limited, authorised and regulated by the Financial Conduct Authority

Our legal services are authorised and regulated by the Solicitors Regulation Authority.

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I have been told my property has development potential. What do I do?

If you’ve been contacted by a developer or a land promoter regarding a potential development to your property, you may wish to consider granting an option agreement or a promotion agreement. An option agreement is made between the landowner and the developer, where it is intended that the developer will apply for planning permission and requires an option to buy the property. A land promotion agreement is used where a developer agrees to apply for planning permission and will market the property for sale on the open market once planning permission has been obtained. This is usually in return for a proportion of the net sale proceeds. The law on this is very complex and you will need specialist advice. 

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