Challenging A Will

Challenging a Will is both legally complex and emotionally taxing, so before you begin the process, contact our specialist Will dispute solicitors today on 0800 2800 421 and we will be happy to evaluate your case and answer any questions.

Challenging a Will – the process

The first thing to do when challenging a Will is to seek immediate legal advice from an experienced solicitor. They will be able to determine if you have the appropriate grounds for a claim. There are time limits for challenging a Will – except in cases of fraud – so it is advisable that you act straight away, especially since it can be very difficult to change a Will after the estate has been distributed.

Once your solicitor has established you have a valid claim, they will submit a Caveat to the Probate Registry, which means Probate cannot be issued without notification. This effectively stops the estate being distributed until the challenge to the Will is resolved.

It is also important to gather evidence that will support your claim, including such things as medical records, files from the deceased regarding the Will and witness statements. Again, your solicitor will advise you on this. At this stage, most cases will go through some form of Mediation to attempt to resolve the issue. However, if a satisfactory resolution cannot be reached, the case will be taken to court where your experienced solicitor will represent you.

To learn more about challenging a Will, contact our specialist solicitors today on 0800 2800 421 or complete and submit our online contact form and we will be in touch shortly.

Who can challenge a Will?

  • Children or other blood relatives of the deceased
  • Spouses or civil partners of the deceased
  • Cohabitees who had been living with the deceased for 2+ years.
  • Anyone who was financially dependent on the deceased
  • A beneficiary under the will or an earlier version
  • Someone who was owed money by the deceased

What grounds do you need to challenge a Will?

There are several reasons why a person may want to challenge a Will, but before you begin the process ensure you have legitimate grounds. Reasons for challenging a Will include:

  • Unfair provision for spouses or children – but you must prove financial obligation and need
  • The person was not of sound mind, memory and understanding – did not comprehend their actions or the contents of the Will
  • Undue influence or coercion – i.e. was pressured by a third party into doing something against their real wishes
  • The Will is not valid – the document is not signed, witnessed or has been forged
  • Execution of the Will is flawed – a problem with the executor(s) of the Will

No matter the reason for challenging a Will, you must be able to prove your claims with facts and evidence.

Why choose Trethowans Solicitors to represent you?

Challenging the Will of a loved one can be emotionally challenging and complex. Our Probate solicitors understand this so strive to make the whole process as simple as possible by keeping you informed throughout each stage and using clear, jargon-free language. Our many years of experience helping others achieve satisfying results means we provide you with all the legal support you need to get the issue resolved quickly and with minimal conflict.

Don’t just take our word for it. We have many clients who have given us excellent feedback for our legal knowledge, advice and guidance, as well as our professional and compassionate manner.

If you are seeking to challenge a Will, arrange a consultation with one of our specialist Probate lawyers today by calling 0800 2800 421. Trethowans law firm has offices located across the South in Poole, Bournemouth, Winchester, Salisbury and Southampton.

Meet the team

Andrew Carswell

Partner

Emma Cross

Solicitor