Dispute Resolution
If you have concerns about the validity or terms of a will, you may decide to contest it. Our specialist Contentious Probate solicitors will support and guide you through every step of the process.
There are many different reasons for contesting a will, these include:
Where there is a will the first steps may be to make what is known as a Larke v Nugus request to the solicitors who drafted it. These are standard questions which can be asked about the circumstances surrounding when the deceased gave instructions for their will to be drafted and then the execution of the will itself.
If you have concerns and don’t want probate to be granted on what could be an invalid will, then you could enter a ‘caveat’ which prevents someone taking out a grant of probate. There are legal consequences, so it’s advisable to seek expert legal advice first. Our team are available for a confidential discussion.
Our solicitors combine their technical expertise with a pragmatic and commercial approach to provide tactical and strategic advice to protect your rights, interest and reputations.
Partner & Head of Dispute Resolution
“The efficiency and professionalism of the service provided by the firm and the friendly and helpful manner of the assigned solicitor – Rafael Singer. I had a great experience during the two face-to-face visits and additional queries by telephone and emails. Thank you.”
A will is normally only valid if it is:
Listen to this episode of our podcast, in which Brenel Menezes, Senior Associate in our Dispute Resolution team and Josephine Russen, a former Associate in our Wills & Probate team, discuss contesting a will.
They talk about the grounds on which a will can be challenged, such as undue influence, a lack of testamentary capacity and fraud/forgery.
There must have been ‘coercion’ rather than just ‘persuasion’ to successfully challenge a will on the grounds of undue influence. The form of the undue influence can take many forms perhaps an instant act of pressure, intimidation, domination, control, or emotional pressure.
There is a 5 part evidential test:
In short, undue influence must be the only reasonable explanation for the contents of the will, rather than just one possible explanation.
One of the grounds in which a will can be challenged is lack of capacity. A judge will consider a number of factors including medical evidence and the evidence of the solicitor who drafted the will.
The test for capacity involves four questions:
A judge will consider a number of factors including medical evidence and the evidence of the solicitor who drafted any will.
Forgery and fraud are grounds to contest a will. The forgery of a will may include its creation and/or the imitation of someone’s signature with intent to deceive. Usually you will need a hand writing expert to verify the signature of the deceased on any will.
Forgery will often result in a claim of fraud and have criminal implications too. Given the seriousness of the allegations, it’s often quite a difficult ground to prove and shouldn’t be done unless you have supporting evidence.
Specialist Solicitors
We are accredited by the Association of Contentious Trust and Probate Specialists and have over four decades of specialist experience in this area of law, helping clients receive what’s rightfully theirs in complex and high-value cases.
We’ll ensure that the solicitor you deal with is the right match for your specific situation, helping you find the best possible resolution during what can often be a stressful and emotionally charged time.
Collaborative Expertise
Our specialist Wills & Probate and Dispute Resolution teams work closely to contest wills, avoiding further legal disputes where possible to get the result you deserve with minimal stress, time and cost. We pride ourselves on offering a top quality, confidential holistic service and achieving the best outcome for you.
I am very happy with Hodge Jones & Allen, we have been with them for a number of years. The service is outstanding and the staff members are extremely helpful and professional. Highly recommended.
The client was the co-beneficiary of his mother’s estate with his sister, who was the executor of the estate. However, when there were lengthy delays and the property in the estate became dilapidated, the client instructed us to issue a claim to remove the sister. The claim was successful and we were awarded our costs from the sister’s share of the estate.
The client was the executor of her late mother’s estate which consisted of the property. The 5 siblings were due to inherit in equal shares under the intestacy rules. One brother who was living in the property with their mother refused to leave and alleged that he had an interest in the property thanks to his contributions to the property and a promise by their mother. Proceedings were issued, but we managed to negotiate a settlement to avoid a lengthy and costly dispute.
Whilst there is no strict legal requirement that a solicitor must draft a Will it is imperative that you make sure that any Will is valid and legally binding otherwise your loved ones may end up spending a lot of time and money disputing this later, which is why it is always advisable to seek legal advice especially if your estate is complicated or worth a substantial amount
You will also then have the protection of professional legal indemnity insurance if something does go wrong.
Capacity and want of knowledge are two grounds on which a Will can be set aside. Medical evidence of a condition is just one of many factors that a court will take into consideration to decide whether a Will is valid or not.
The dementia must be shown to have be substantial enough to have affected your mum’s ability to understand what she was doing at the time a Will was made.
Just having dementia is not conclusive enough and you will need to seek legal advice and probably medical expert evidence.
A Will is only valid if it is
a) Signed by the deceased
b) In the presence of at 2 (adult and unrelated) witnesses
c) Who also sign the Will at the same time
Even if a Will is validly executed, it can be set aside for reasons such as capacity and fraud.
The simple answer is no. But a Will is useful and some cases necessary if you have valuable assets and need efficient tax planning, or you want to leave your assets to particular people who would not normally inherit automatically (such as unmarried partners or charities).
If there is no will then an estate will be distributed in accordance with the rules of intestacy which sets out the order of people who have priority to inherit from an estate – starting with spouses, children, parents, etc.
Many people don’t realise that one of the main legal objectives of litigation is to encourage negotiation, so that grievances can be resolved prior to escalating matters to court. Court should always be the last resort and you can be penalised for escalating matters to court without showing evidence of prior negotiation.
Our skilled and experienced solicitors are able to assist you in negotiating the best settlement and help you to resolve your case swiftly, reducing court costs and legal fees.
Parties are encouraged to negotiate settlement of a dispute and may choose to use a form of Alternative Dispute Resolution (ADR). There are many methods of ADR available to clients – these include third party facilitators through mediation, third party decision makers through arbitration, third party informed opinions through early neutral evaluation, and permanent and or temporary decision making through independent adjudication.
Hodge Jones & Allen Solicitors have been recognised as one of Chambers and Partners‘ top firms. The firm is also noted by the Legal 500 for our commitment to excellence. You can rest assured that our team are highly experienced in handling even the toughest dispute resolution cases.
Hodge Jones & Allen Solicitors is proud of the many positive testimonials that we receive, reinforced by our ‘Excellent’ rating on Trustpilot. Please read through what some of our clients have had to say about their experience with our legal teams.
This blog our Dispute Resolution team examine the Court of Appeal’s decision in Mazur v CILEX & Others [2026] EWCA Civ 369 and what it means for paralegals and other non-authorised staff undertaking litigation tasks under supervision. It also considers the SRA’s updated guidance on supervision and the importance of effective delegation, direction and control.
The Legal Ombudsman’s latest guidance clarifies the limited scope of what beneficiaries can reasonably request during probate. Although they have an interest in the estate’s administration, access to documents and information is largely discretionary. With complaints in wills and probate rising significantly, LeO stresses clear communication, timely responses and careful expectation‑management as essential to reducing disputes and preventing escalation.
The Government’s 2026 consultation, A Fairer End to Relationships, signals a potential shift in how the law supports cohabiting couples. With proposals covering financial protection, domestic abuse, and inheritance rights, the consultation aims to modernise an outdated framework and address the vulnerabilities many partners face when relationships end.
