Who can contest a Will or Estate?
- A beneficiary of the Will or a previous Will.
- Someone who was given a promise that they’d receive an inheritance.
- A relative or former spouse.
- Anyone who was dependent on the deceased.
When can a Will be contested?
- When there is a question over the interpretation of the Will.
- When there is an issue regarding the validity of the Will.
How else can a claim be made against an Estate?
Certain relatives and those who were dependent on the deceased may be eligible to bring a claim against the estate, regardless of whether there is a valid Will or not, under the Inheritance (Provision for Family and Dependants) Act 1975. You can find out more about how we can help you with making Inheritance Act claims.
Time limits when contesting a will
There is a claim time limit of 6 months from the date that the Grant of Probate is issued, in some circumstances. Other types of challenges, do not carry any time limit however it is always preferable to act promptly to prevent the estate from being distributed.
Our team of experienced solicitors understand that these issues can be very difficult to deal with, particularly after the death of a loved one. We will deal with the dispute on your behalf in an attempt to reach a quick resolution. Our dedicated Dispute Resolution team will handle your matter sensitively and advise you appropriately in relation to your individual case, providing you with practical and pragmatic advice. Each dispute of this type is different, and we consider each case on its own merits.
We will always endeavour to inform you immediately of the prospects of succeeding with your case and the issues which need to be determined when contesting a will.
We also understand that facing a dispute with a family member or someone who may have been close to you is a stressful experience. We make the process easier for you whilst having regard to the law and the issues involved.
We suggest that negotiation and mediation be attempted, if appropriate, but we will go to Court if needed.
It is important that disputes of this kind are dealt with quickly to avoid future complications (time limits might apply). Also, you should seek our advice early once you become aware of possible issues.
For free initial advice, please contact us at 0800 294 4410.