Contesting a will

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.

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: 

• 1. Did the deceased understand that they were making a will, and the effects of it?

• 2. Did the deceased understand the extent of their estate?

• 3. Did the deceased understand as to those who would have claims on the estate?

• 4. Was the deceased impaired by any disorder of the mind, or delusions?

A judge will consider a number of factors including medical evidence and the evidence of the solicitor who drafted any will.

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.