Welcome to Willclaim

Welcome to Willclaim Solicitors, a law firm that specialises in will claims and can help you contest a will. We can assist you by taking the stress out of making a will claim, so contact Willclaim today.

Thank you so very much for sorting this out…..you have truly made such a difference to our lives
– Debi T

General information on how to contest a will and contesting a will UK

  1. No win no fee arrangements and how they work – go to No win no fee and your will claim
  2. Will searches and other paperwork critical to the will claim/will contest/will dispute or probate claim – for general information go to Will and other searchesCritical papers, including the will, medical records and other important papers (which can prove your will claim) are often denied to our clients before our involvement. In all but the rarest instance, we can obtain these papers for you as part of the “Pre Action Disclosure” process. The pre action “Practice Direction” for cases of this nature and the impact of a case called “Larke v Nugus” means that this information including the Solicitor’s will file (where the will was prepared by a Solicitor) must be disclosed as part of the pre action disclosure process.
  3. General information on contesting a will UK, the nature of will claims and how to contest a willIn most will claim/will dispute/will contest or probate claims the main issue is whether the will is actually valid. The grounds for challenging a will can include lack of proper formalities (in general that the will was not signed by the testator in front of two witnesses who also signed in front of each other), lack of testamentary capacity (the most common ground for disputing or challenging a will – commonly that the testator was not of sound mind perhaps because of dementia or other mental illness), lack of knowledge and approval and fraud (the will was forged). Each of these grounds can serve as a foundation for contesting a will and to make a will claim or in relation to any will claim or will dispute in general where the validity of the will is in issue. This type of will dispute or will claim is most likely to originate before there has been a grant of probate.However, these claims can be made before or after there has been a grant of probate (which is the official seal of approval for a will after which the estate can be distributed). This said the difficulty with raising these claims after a Grant of Probate is that at that point the estate might have been distributed and even though you might over turn the will, you may not be able to recover the estate’s assets. It is then recommended that where a will claim or contested will claim is proposed, a “Caveat” is entered to stop the grant of probate. Please note that if a caveat is entered legal advice should be sought given the consequences that can lead from this step. Guidance in relation to entering a caveat can be found on this site under “Claim Types” (see under “Will Validity“).These contested will claims or will contest claims are also known as probate claims or contested probate claims. Whilst in general most will contest claims will be against the validity of the will they can also (see “Claim Types”) include a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (a will contest claim for financial provision from the estate by a child, partner or widow/widower of the deceased), also to rectify a will (where it does not reflect the testator’s true wishes at the time it was made) or to substitute or remove Personal Representatives (executors) where there has been or is likely to be some wrong doing in the administration of the estate.

I just wanted to say a big thank you for dealing with my case so promptly and efficiently as humanly possible
– Julie F

If you would like to know more about how to contest a will and contesting a will UK based firm Willclaim Solicitors can help, by guiding your will contest claim, giving you the best chance of a successful case. Contact us to discuss your circumstances and we will work with you to contest an invalid will. Don’t hesitate – act today

Thanks again for everything that you have done for us we would not have got this far without you
– Carole S

Some Typical Scenarios:

  • the deceased should have made some (additional) provision for you but failed to do so
  • someone is claiming the deceased should have made some (additional) provision for them which affects your share of the estate
  • the deceased did not have mental capacity when he or she made the Will
  • someone is claiming the deceased did not have mental capacity when he or she made the Will and this may affect your share of the estate
  • there is a problem with the Will and you want to stop the estate being distributed
  • someone is claiming there is a problem with the Will and a Caveat has been entered which stops the estate being distributed which you want lifted as soon as possible
  • the estate is not being properly administered and/or you are afraid the Executor is dishonest
  • Promises made in respect of property has been broken
  • the deceased has been manipulated into making a Will he or she would not normally have made

It’s good to receive a bit of good news and thank you for everything
– Garry O