Contesting a Will.

To effectively contest a will, you must prove you have the legal grounds to do so. The most common grounds to contest a will include:

Lack of testamentary capacity, which assesses whether the testator (the person making the will) was of sound mind and understood the consequences of their actions when creating and signing their will.

Lack of due execution, which examines whether any wills were signed following the correct procedure.

Undue coercion, which checks whether the testator was manipulated into including unfair terms in their will. 

Fraud where a will has been fabricated, altered or falsely signed.

Even if you have evidence of a grounds to contest the will, the quality of the evidence and the experts you call in to confirm your narrative, or your case could be unsuccessful.

The simplest way to prevent spurious contentious probate claims is to have a will written and executed correctly initially.

However, even in these cases, others who stand to inherit from a will may still choose to bring claims, in which case setting out a strong initial position may prevent further action.

The time period you have to contest a will (its limitation period) depends on the nature of your claim. The most common limitation periods are:

• Inheritance tax disputes – six months from the date of the grant of probate.
• Claims for maintenance – six months from the grant of probate.
• Beneficiaries making a claim against the will – 12 years from the date of death.
• Fraud – no time limit.

When contesting a will it’s essential to act as quickly as possible and ideally prior to any applications for a grant of probate.

From our experience, many contentious probate cases will draw to a close within a year, but it can take significantly more time in particularly complex cases. The case of Rea vs Rea, where we represented the defendant, lasted 8 years.

The most common factors that alter the time-frame for contentious probate include:

• On which grounds a will is being contested
• How long expert witnesses need to produce their report and how many witnesses are required
• Whether alternate dispute resolution (ADR) methods are successful
• If a case goes to appeal

Instructing a specialist probate solicitor will ensure your case is properly constructed and handled to ensure you come to a fair outcome promptly. If you’re looking at contesting a will and need advice, call us on 0203 007 5500.

Much of the cost of contesting a will comes from the evidence gathering stage, which is vital to either establish the grounds for bringing a claim, or dismissing any claims you are defending.

Other factors that influence costs include:

• Which grounds are being contested
• Counsel’s (any barrister’s) fees
• Disbursements (fees paid to third parties and court fees)
• Expert witness fees
• How long it takes to resolve the matter

Due to the complexity of contentious probate, most cases will involve bringing in barristers and expert witnesses.

No, we are unable to offer legal aid on any of our services. In some cases we are able to offer conditional fee agreements, however this is on a case-by-case basis.