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Thinking about contesting a will? You’ll need help from an expert probate solicitor
Call, email or provide us with a few details of your matter, and we’ll help you arrange an initial consultation. You’ll get:
- Unlimited time to discuss your contesting a will case with an experienced probate solicitor
- An outline of your legal position in contesting a will
- A clear fee-quote and time frame for your case
Help with the grounds to contest
Starting and defending claims
Pre-emptive planning to avoid claims
Advice on procuring expert witnesses
Commonly asked questions on contesting a will.
Contesting a will is hard even if you have experienced help. You’ll need to have robust evidence supported by undeniable proof to stand a chance of success.
Contesting a will is a big step. If done correctly, it can be a huge relief, but done incorrectly, you risk wasting time and money for nothing. Our probate solicitors in London and Brighton have answered some of the most commonly asked questions on the topic.
1. How to contest a will?
To contest a will, you will firstly need to identify legal grounds to contest a will.
Some examples of grounds to contest a will include:
1. Lack of testamentary capacity – whether the testator (person making the will) must have been of sound mind and understand the consequences of their actions when creating and signing the will.
2. Lack of due execution – The testator must sign their will in the presence of at least two formal witnesses.
3. Undue coercion – A claim may be raised if there is significant evidence to suggest that the testator has been manipulated into submitting unfair or invalid terms within their will.
4. Fraud – you will have a claim if the will has been forged in any way. For example, if somebody has included additional benefits for themselves in the will and forged the signature.
Using a probate solicitor who has experience in how to contest a will can heighten your chance of success. For example, a solicitor may involve a medical expert or handwriting specialist to strengthen your case.
2. How can I prevent someone contesting a will?
There are various ways to protect a will from becoming contested. However, the best way to ensure your dying wishes are safe is to get your will drafted correctly in the first place.
For questions regarding how you can protect your will from becoming contested, please contact our solicitors on 020 3007 5500.
3. How long do you have to contest a will?
The time period you have to contest a will depends on the nature of the claim. Some of the most common claims and the devoted time period in which they must be made are as follows:
- Inheritance tax – six months from the grant of probate.
- Claim for maintenance – six months from the grant of probate.
- Beneficiary making 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. Contesting a will after probate is possible, but it’s always best to raise a claim before hand.
4. How long does it take to contest a will?
On average, contesting a will can take 1 year, but it can take significantly more time in some extreme cases. The time it takes for your specific contesting a will case to be resolved will depend on various factors.
Some factors that alter the time-frame for your case include:
- The grounds for contesting a will
- Additional evidence – handwriting or medical expert
- Whether alternate dispute resolution (ADR) methods are successful
Instructing a specialist probate solicitor will ensure your case is properly constructed and handled to ensure you come to a fair outcome promptly. To get into contact with one of our solicitors, call us on 020 3007 5500.
5. How much does it cost to contest a will?
The cost of contesting a will depends on several factors. Some factors that influence the cost includes:
- The grounds for contesting the will
- Solicitor’s fees
- Barrister’s fees
- Disbursements (cost of getting a copy of medical records etc.)
- Additional fees for other experts (handwriting expert etc.)
- Court fees
The cost will of contesting a will changes on a case by case basis, dependent on the list above.
6. Do you offer legal aid for a contesting a will matter?
We are currently unable to offer legal aid in any capacity as we lack the necessary legal aid certificate. We also don’t offer pro bono property law work at present.
Thinking about contesting a will? Our probate solicitors in London and Brighton can help.
Tell us about your case and we’ll get back to you the same day.
Meet our expert wills and probate team.
Elisabeth Squires
Head of Private Client
Darian Wielink
Paralegal
Why Britton and Time Solicitors?
The law surrounding contesting a will is our speciality. Our solicitors have worked on various contested wills, which have given our solicitors an abundance of knowledge and experience in this area of law. When it comes to your specific case, we’ll always guarantee:
Award-Winning Service.
You are our priority, and the law is our speciality. Our award-winning probate solicitors in London and Brighton ensure you know exactly where you stand from a legal perspective when contesting a will so you can make a well-informed decision.
Full Billing Transparency.
No fee surprises. Ever. Our probate solicitors will inform you from the outset on how much contesting a will costs, and we will do everything in our power to keep costs down and within your original fee estimate.
Regular Communication.
With fortnightly updates on your case, you’ll never be left in the dark. Our probate solicitors in London and Brighton ensure you know exactly how far we are with contesting your will and are with you every step of the way.
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There are three things that make Britton & Time, and in particular Paul, stand apart from other law firms: knowledge, communication and a will to win.
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Other areas of wills and probate.
Contesting a Will
Court of Protection
Deputyship
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Probate
Trusts
Trust Registration
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Need legal advice on contesting a will?
Call, email or provide us with a few details of your matter, and we’ll be able to help you the same day.