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Dispute Resolution

Contested Probate Claims

Chun Wong
Chun Wong
Partner
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Nicola Waldman
Partner
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Ruhul Ameen
Ruhul Ameen
Partner
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Bahareh Amani
Bahareh Amani
Partner
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Karolina Kupczyk
Karolina Kupczyk
Partner
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Reema Chugh
Reema Chugh
Partner
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Sarah Conner
Partner
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Bethany Gerrard
Bethany Gerrard
Trainee
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Brenel Menezes
Brenel Menezes
Senior Associate
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Caitlyn Griffiths
Caitlyn Griffiths
Paralegal
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Chantae Francis
Chantae Francis
Solicitor
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Declan Storrar
Declan Storrar
Solicitor
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Emily De Ruyver
Solicitor
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Finley Levell
Finley Levell
Paralegal
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Mohan Dhadli
Mohan Dhadli
Associate
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Nupur Morzaria
Nupur Morzaria
Paralegal
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Scarlett Roberts
Scarlett Roberts
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Simran Gupta
Simran Gupta
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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:

  • Incorrectly drafted wills
  • Wills not being signed and witnessed in accordance with the law
  • Coercion (undue influence) of the deceased when they signed the will
  • The deceased lacked mental capacity when they made the will
  • Forgery & fraud

Related Service

Inheritance Act Claims

How do I contest 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.

 

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.

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The London Legal Podcast

Contesting A Will

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.

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Lack of valid execution of a will

A will is normally only valid if it is:

  • In writing
  • Signed by the deceased (or someone on their behalf, on their instruction)
  • Witnessed by two independent adults, who are both present at the signing, and who also sign the will
For specialist legal advice, contact our Wills & Probate specialists on
0330 822 3451
or request a callback.
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Undue influence

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:

  • 1. The coercer was in a position to exercise influence
  • 2. The coercer did exercise influence over the deceased
  • 3. The influence exercised was ‘undue’
  • 4. The undue influence was exercised in relation to the will
  • 5. The undue influence exercised for the will to be executed

In short, undue influence must be the only reasonable explanation for the contents of the will, rather than just one possible explanation.

For specialist legal advice on contesting a probate, call our experts on
0330 822 3451
or request a callback.
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Lack of testamentary capacity

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.

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Forgery & fraud

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.

 

 

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How can Hodge Jones & Allen Solicitors assist you?

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.  

Our team of highly experienced Wills & Probate specialists will provide you with the support and advice you need. Call us on
0330 822 3451
or request a call back.
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Frequently asked questions

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Do I need a solicitor to draft a Will?

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.

My mum had dementia, so is her Will invalid?

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.

How do I know if a Will has been properly executed?

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.

Do I need a Will?

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).

What happens if there is no Will?

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.

Do I need to go to court in order to resolve my dispute?

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.

Could I use a form of Alternative Dispute Resolution to negotiate settlement?

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.

 

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