Contesting a Will Birmingham
Our nationally recognised team of specialist Will Dispute Solicitors are experts in their field and have been recognised and recommended by the Legal 500, a prestigious directory listing top lawyers and firms, and are associate members of the Association of Contentious Trusts and Probate Specialists and the Society of Trusts and Estate Practitioners.
More about Contesting a Will Solicitors in Birmingham
We offer a range of funding options, including "no win, no fee".
Our experienced Will Dispute Solicitors have acted for clients from Birmingham and across the world on Will dispute matters. We can act on behalf of claimants, defendants, executors and beneficiaries in a variety of matters, including:
Challenging the validity of a Will
Claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975
Enforcing promises of gifts prior to death
Breach of trust and issues with trustees
Challenging lifetime gifts made to friends and relatives.
Contesting a Will can be a complex and emotionally fraught process; however, our Birmingham Wills Solicitors will be with you every step of the way and will give you legal advice you can trust. Contact us free today on 0800 689 3607 for a free, no obligation consultation.
Can a Will be contested?
There are a number of ways to contest a will. This includes challenging it's validity (if, for example, it was made when the testator did not have requisite mental capacity, or if there was undue influence), or a claim can be made for reasonable financial provision.
There are several ways to challenge the validity of a will, which includes:
Will not properly executed - Under the Wills Act 1837, certain formalities must be adhered to for a Will to be valid, these include that a Will must be in writing, be signed and be witnessed by at least two people. If any of these points are missing, then the Will is invalid.
Lack of mental capacity - If a person is not considered to be sound of mind when they made a Will then it will not be considered valid. Solicitors should, when making a Will for a client adhere to the 'Golden Rule', which means if they doubt their client's mental capacity, a medical opinion should be sought.
Lack of knowledge and approval of the terms of a Will - If a person did not know and understand the terms of the will, then the will is invalid. An example of this can be if the person who made the Will is not fluent in English and could not have understood what was in the Will or was led to believe that the Will left gifts to certain beneficiaries when it does not.
Can a Will be contested?
There are a number of ways to contest a will. This includes challenging it's validity (if, for example, it was made when the testator did not have requisite mental capacity, or if there was undue influence), or a claim can be made for reasonable financial provision.
There are several ways to challenge the validity of a will, which includes:
Will not properly executed - Under the Wills Act 1837, certain formalities must be adhered to for a Will to be valid, these include that a Will must be in writing, be signed and be witnessed by at least two people. If any of these points are missing, then the Will is invalid.
Lack of mental capacity - If a person is not considered to be sound of mind when they made a Will then it will not be considered valid. Solicitors should, when making a Will for a client adhere to the 'Golden Rule', which means if they doubt their client's mental capacity, a medical opinion should be sought.
Lack of knowledge and approval of the terms of a Will - If a person did not know and understand the terms of the will, then the will is invalid. An example of this can be if the person who made the Will is not fluent in English and could not have understood what was in the Will or was led to believe that the Will left gifts to certain beneficiaries when it does not.
Undue influence - when a person is making a Will or changing it, they cannot be pressured or unduly influenced into it. If it can be proven that the person who made the Will was influenced unduly then the Will may be considered invalid.
Fraud - if a Will or the signature has been forged then it is not valid. At Forbes Solicitors, we utilise handwriting experts that can help to prove if a signature has been forged on a Will.
If you think you have been unfairly left out of a Will or have not been given enough, then contact our expert Will dispute solicitors, we can help you resolve any Will disputes you may have. We often work on a no win no fee basis, so you can dispute a Will without upfront payment, and withlimited financial risk if your claim is not successful. Contact us today on 0800 689 3607.
An expert Will dispute Solicitor will advise you throughout the process of contesting a Will, and we will always be honest with you about your chances of success. As we take Will dispute cases on a no win no fee basis, you can be confident that we will do all we can to ensure you get the best possible outcome.
Please see our FAQs below for more information on contesting a Will.
Undue influence - when a person is making a Will or changing it, they cannot be pressured or unduly influenced into it. If it can be proven that the person who made the Will was influenced unduly then the Will may be considered invalid.
Fraud - if a Will or the signature has been forged then it is not valid. At Forbes Solicitors, we utilise handwriting experts that can help to prove if a signature has been forged on a Will.
If you think you have been unfairly left out of a Will or have not been given enough, then contact our expert Will dispute solicitors, we can help you resolve any Will disputes you may have. We often work on a no win no fee basis, so you can dispute a Will without upfront payment, and withlimited financial risk if your claim is not successful. Contact us today on 0800 689 3607.
An expert Will dispute Solicitor will advise you throughout the process of contesting a Will, and we will always be honest with you about your chances of success. As we take Will dispute cases on a no win no fee basis, you can be confident that we will do all we can to ensure you get the best possible outcome.
Please see our FAQs below for more information on contesting a Will.
Contesting a Will FAQs
What is the time limit to contest a Will?
If you are making a claim under the Inheritance (Provision for Family and Dependents) Act 1975, you have six months from the date of the grant of probate to bring your claim. However, in some cases, a claim can be brought out of time, and we can advise you on that. If you wish to contest a Will, then we recommend contacting us as soon as possible. Call us today on 0800 689 3607.
Can a probated Will be contested?
Yes is the short answer. It is possible for a Will to be contested after the grant of probate, however, if you wish to contest a Will under the Inheritance (Provision for Family and Dependents) Act 1975 you will only have six months to do so. This time restriction does not apply to all cases. Once a Will has gone through probate, it can be more complicated to dispute. This is why we always recommend disputing a Will before it has gone through probate.
How much would it cost to contest a Will?
The cost of contesting a Will is dependent on each case. As we often work on a "no win, no fee" basis you can dispute a Will without upfront payment, and only taking on limited financial risk if your claim is not successful. Call us today on 0800 689 3607.
How much does it cost to contest a will?
There is no accurate way of predicting the exact cost of contesting a Will. At Forbes, we are flexible with fees in order to suit your needs. We often pursue matters on a "no win, no fee" basis. We can defer costs and we work with clients to ensure their matter is pursued as efficiently and cost effectively as possible.
Our dedicated Contesting a Will team
