At Ai Law, our dedicated team specialises in contesting wills and resolving contentious probate disputes. We understand the sensitivity and complexity involved in challenging the validity of a will, and our solicitors bring extensive experience and strategic insight to support your interests effectively and efficiently.

In certain circumstances, we may be able to offer one or more funding arrangements which can include conditional fee agreements (commonly known as “no win, no fee”), or damage based agreements.

Grounds for Contesting a Will

A will can be challenged on various legal grounds, including:

• Lack of Testamentary Capacity: If the deceased did not have the mental capacity to make informed decisions when drafting the will.
• Undue Influence: If the deceased was pressured or coerced into making or changing the will.
• Improper Execution: The will was incorrectly signed, dated, or witnessed, failing to meet legal requirements.
• Fraud or Forgery: The will is fraudulent or has been forged.

You may also have a claim if:

• You were financially dependent on the deceased but inadequately provided for, enabling you to claim under the Inheritance (Provision for Family and Dependants) Act 1975.
• The deceased had made clear promises regarding inheritance which were not honoured in the will.
• A Statutory Will proposed for someone without mental capacity does not truly reflect their wishes, and you wish to challenge it via the Court of Protection.

Who Can Contest a Will?

You may be eligible to challenge a will if you are:

Beneficiaries and Relatives

• A named beneficiary in the will.
• A spouse, civil partner, partner, child, or grandchild of the deceased.

Dependents and Promised Beneficiaries

• Someone promised an inheritance by the deceased.
• A dependent who was financially reliant upon the deceased.

Executors and Interested Parties

• An individual or organisation who has been unfairly excluded from the will.
• Anyone adversely affected by a previous or existing will.

An executor who believes the will is invalid or does not reflect the true intentions of the deceased.
If the court finds a will invalid, the estate will pass either under a previous valid will or according to the intestacy rules.

Inheritance Act Claims

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can apply for financial provision from an estate, including:

• Spouses or civil partners (including former spouses or civil partners who have not remarried).
• Cohabiting partners who lived with the deceased.
• Children, including adopted children.
• Individuals treated as children by the deceased.
• Financial dependants.

Claims can be made regardless of whether the estate is distributed under a will or intestacy rules. Even if you are already receiving some benefit, you may claim further provision if it is not deemed sufficient.

Claims under the 1975 Act must usually be brought within six months of the Grant of Probate or Letters of Administration, so prompt action is critical.

We regularly achieve settlements through mediation or alternative dispute resolution (ADR), reducing costs and emotional strain by avoiding lengthy court proceedings.

For confidential advice, contact our specialist contentious probate solicitors below.