Looking At Contesting 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.

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.

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.

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.

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.

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.