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THE DEFINITIVE GUIDE TO CONTESTING A WILL IN ENGLAND AND WALES

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors provide a comprehensive guide to contesting or disputing a Will in England and Wales

Will Claims and Inheritance Disputes: How to Contest a Will in the UK
Inheritance disputes are rising sharply in the UK, with nearly 10,000 will contests each year. Factors like second marriages, blended families, dementia, and pandemic-era video wills are driving more disagreements than ever before.

If you believe you’ve been unfairly treated in a will or excluded entirely, you may be entitled to bring a will claim or an inheritance claim. This comprehensive guide explains your options, the process, and practical steps to protect your inheritance.

Understanding Will Claims
A will claim is a legal action taken when someone feels they have been wrongly excluded from a will, promised an inheritance that wasn’t delivered, or provided insufficient financial support. At Will Claim Solicitors, we specialise in will disputes and inheritance claims, acting on behalf of spouses, partners, children, and dependants.

You may have grounds to make a claim if:

  • You were financially dependent on the deceased but were excluded or under-provided for
  • You were promised assets verbally or in writing but they weren’t left to you
  • You believe the will is invalid or fraudulent
  • There are disagreements between beneficiaries or executors

Common Grounds for a Will Dispute
A will dispute can arise for several reasons, including:

Invalid Execution
A will must comply with strict legal requirements under the Wills Act 1837. It may be invalid if it:

  • Was not properly signed
  • Lacked the correct number of witnesses
  • Was improperly dated or executed

Lack of Mental Capacity
If the deceased lacked testamentary capacity at the time the will was made, it may be challenged. Factors such as dementia or serious illness may affect capacity.

Undue Influence or Coercion
A claim may arise if the deceased was pressured, manipulated, or coerced into changing their will against their free wishes.

Fraud or Forgery
If you suspect the will has been forged or tampered with, it can be challenged in court.

For information about who can make a claim when the legal validity of a will is in question, see for example:

Who Can Bring a Claim Against the Legal Validity of a Will – Will Claim Solicitors

Rectification Claims
Sometimes mistakes occur when drafting a will. Under the Administration of Justice Act 1982, you can apply for a rectification claim to correct clerical errors or misinterpretations.

Inheritance Act Claims: Protecting Your Rights

Under the Inheritance (Provision for Family and Dependants) Act 1975, you may be entitled to make an inheritance claim if you were financially dependent on the deceased but were left out of the will or received insufficient provision.

Who Can Make a Claim

Eligible claimants include:

  • Spouses or civil partners
  • Former spouses or civil partners (if not remarried)
  • Cohabitants who lived with the deceased for two or more years
  • Biological, adopted, or stepchildren
  • Financial dependants, even if unrelated by blood or marriage

See for example:
Inheritance Act Claims: What is Reasonable Financial Provision? – Will Claim Solicitors

Time Limits for Making a Claim

In most cases, you must make an inheritance claim within six months of the Grant of Probate being issued. Courts can allow late claims, but acting quickly is strongly recommended. However, a claim against the legal validity of a will can be brought after 6 months and/or even after the Grant of Probate – notwithstanding, it must still be brought as quickly as possible to preserve the evidence or even the estate.

See for example:

Contesting a Will Time Limits UK – Will Claim Solicitors

Contesting a Will: The Process

Contesting a will or making a will contest claim can be complex, but our solicitors will guide you through every stage:

  1. Seek Specialist Legal Advice Early
    Time limits are strict, and acting quickly maximises your chances of success.
  2. Gather Evidence
    This may include copies of the will, medical records, correspondence, and witness statements.
  3. Attempt Mediation or Negotiation
    We aim to resolve disputes amicably where possible, avoiding the stress and cost of lengthy court proceedings.
  4. Take Court Action if Necessary
    If settlement cannot be reached, we can represent you in court to secure your rightful inheritance.5.Consider Probate Caveats
    If you believe the will is invalid, you can register a caveat to prevent probate from being granted until the dispute is resolved.

Digital Assets: A Growing Challenge in Will Disputes

Increasingly, estates involve digital assets such as online accounts, cryptocurrency, photos, and cloud storage. These assets are often overlooked in estate planning, leading to confusion and disputes among beneficiaries.

We provide specialist guidance on managing and claiming digital assets during inheritance disputes.

Emotional and Financial Considerations

Challenging a will can be emotionally and financially draining. Some cases involve significant legal costs, and disputes can damage family relationships. Where possible, mediation or negotiated settlements are encouraged to minimise stress and cost.

At Will Claim Solicitors, we offer no win, no fee options in many cases, helping to make the process more accessible.

Frequently Asked Questions

  1. How long do I have to contest a will?
    Generally, you must make an Inheritance Act claim within six months of the Grant of Probate. Claims to contest the validity of a will are not strictly time-limited but should be made as early as possible.
  2. Can I contest a will if I’m not a family member?
    Yes. If you were financially dependent on the deceased or treated as a child of the family, you may be entitled to bring an inheritance claim.
  3. Can I challenge a will if there is no will?
    Yes. If the deceased died intestate (without a valid will), the estate is distributed according to the rules of intestacy. However, you may still make a claim under the Inheritance Act if you were dependent on the deceased or where you are a near relative/spouse and a financial need arises which is not met by the rules of intestacy.
  4. Are digital assets included in inheritance disputes?
    Yes. Increasingly, disputes involve online accounts, cryptocurrency, and cloud storage. These assets can form part of an inheritance claim.
  5. How much does it cost to contest a will?
    Costs vary depending on the complexity of the case. At Will Claim Solicitors, we handle many cases on a no win, no fee basis to reduce financial risk.

Why Choose Will Claim Solicitors

  • Specialist Expertise – We focus exclusively on will disputes and inheritance claims
  • No Win, No Fee – Many of our clients pay nothing unless we succeed
  • Proven Results – We’ve helped hundreds of clients secure the outcomes they deserve
  • Compassionate Support – We understand the emotional challenges and offer sensitive guidance at every step

If you consider any of these facts and matters are of interest, are likely to apply to you, or you would like to ask us for more information about our no win no fee arrangement, or you simply want us to assess your claim, then please do not hesitate to contact us for a confidential no strings chat and/or visit us at www.willclaim.com

We provide details about our no win no fee arrangements at No Win No Fee Solicitors – Will Claim Solicitors

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