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CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEESPECIALISTS – COMMON MISTAKES, PITFALLS AND TOP TIPS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors provide a summary of the commons mistakes, pitfalls and tops tips in relation to will disputes and will contest claims

How to Contest a Will: Common Mistakes, Pitfalls and Top Tips
Contesting a will can be an emotional and complicated process. Whether you feel you have been unfairly left out or promised an inheritance that never materialised, it’s important to understand how to contest a will properly. A will dispute, also known as a will contest claim, requires careful preparation, solid evidence, and awareness of the legal framework.

This guide brings together the top tips for contesting a will with the common mistakes people make in inheritance disputes, so you can avoid the pitfalls and give your case the best chance of success.

Who Can Contest a Will?
Not everyone can bring a will claim. To challenge the legal validity of a will, you must have an interest in the estate. For example:

  • If the will is declared invalid, you would need to benefit under a previous valid will, or under the intestacy rules (which usually benefit spouses, civil partners, or children).
  • You cannot start a will dispute simply on principle. There must be an estate to claim from and you must have legal standing.
  • One type of will claim or will dispute, can be a claim for financial provision under s. 2 of the Inheritance (Provision for family and Dependants) Act 1975 – however, to bring such a claim one must usually be the spouse (husband or wife) of the deceased, his/her child or dependant.

It’s also worth noting that if property was owned jointly with another person, it may pass automatically to the surviving co-owner, regardless of what the will says. In that case, there may be little or no estate left to dispute.

Our following earlier blog may provide a little more assistance:

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

Time Limits in a Will Dispute
A common mistake in inheritance disputes is confusion about time limits.

  • Challenging the validity of a will (for example, due to forgery, lack of mental capacity, or undue influence): there is no strict time limit, but acting promptly is vital. Delay may mean the estate has already been distributed or key evidence lost.
  • Inheritance Act claims (seeking financial provision under the Inheritance (Provision for Family and Dependants) Act 1975): must be brought within six months of the Grant of Probate.
  • Rectification claims (correcting clerical errors or solicitor mistakes): also subject to the six-month deadline.

Understanding the type of inheritance claim you are bringing is essential so you don’t miss important deadlines.

Common Misconceptions in Will Contests
Many people fall into traps when considering how to dispute a will:

  • “It’s not fair, so I can challenge it.” – Fairness is not a legal ground. In England and Wales, parents are not legally obliged to leave anything to their children.
  • “Being left out is enough.” – Simply being excluded does not give you an automatic right to bring a will claim.
  • “Undue influence is easy to prove.” – In reality, undue influence is one of the hardest grounds for a will contest claim. It often lacks independent evidence and is treated by the courts as a very serious allegation.

Building a Strong Will Claim: Evidence You Need
Whether you are considering an inheritance dispute or a will contest, evidence is the cornerstone of your case. Key types of evidence include:

  • Medical records – showing whether the deceased had capacity when making the will.
  • Independent witness evidence – particularly from professionals such as doctors or solicitors.
  • Written communications – letters, emails, texts, or cards from the deceased.
  • Statements from the deceased – if they ever said the will didn’t reflect their wishes, record this.
  • Your financial and health evidence – crucial if you are bringing an Inheritance Act claim for provision based on need.
  • Proprietary estoppel evidence – for situations where you were promised property in exchange for unpaid work (for example, on a family farm) or you invested money into the deceased’s property expecting to inherit it.

Practical Tips: How to Contest a Will Successfully

  • A claim can only be brought after the person has passed away.
  • Act quickly to protect assets and preserve evidence.
  • Consider costs carefully – many weak will claims cannot be run on a no win no fee basis.
  • Check whether there is actually an estate to contest – jointly owned property may pass outside the will.
  • Seek specialist legal advice at the earliest stage to assess the strength of your will contest claim.

Conclusion

A will dispute or inheritance claim can be daunting, but with the right preparation you can avoid the most common mistakes. Understanding how to contest a will, the time limits involved, and the evidence you’ll need is crucial to making a strong will claim.

If you believe you have grounds to bring a will contest claim, don’t delay. Seek professional advice as early as possible to protect your rights and maximise your chances of success.

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 https://www.willclaim.com/no-win-no-fee/.

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