If you have been left out of a friend or family member's will then you may be able to make a claim.
SOLVING PERSONAL LEGAL MATTERS
We provide Contesting a Will services in the following areas:
Our experienced Will disputes solicitors at Forbes are here to help you contest a Will if you believe that it is invalid or does not reflect the true wishes of the deceased. Our Will dispute solicitors understand that the process of contesting a Will can be emotionally challenging and complex, which is why we offer a supportive and compassionate service to guide you through the legal proceedings.
Contesting a Will refers to the legal process of challenging the validity of a Will. A Will can be challenged because it was not created in compliance with the legal formalities, it does not say what the deceased wanted, the deceased did not have the mental capacity to make the Will, or they were coerced into making the Will. A will can also be challenged on grounds that it is a forgery.
Disputes can also arise because of an argument about the correct interpretation of the words used in the Will.
Contesting a Will on a no win, no fee basis can be done in many circumstances. It means that if the claim is not successful, the client will not need to pay any legal fees for trying to challenge the Will.
The death of a loved one can be a difficult and stressful time, sometimes heightened if there has been complications with a Will. This is when the act of contesting a will can come into play.
If you have been left out of a friend or family member's will, or if you do not think you have been left enough, then you may be able to make a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
In some circumstances a will may not be valid. There are number of ways to contest a will and challenge its validity:
You may also be able to claim if you have been promised an inheritance and not received it.
At Forbes Solicitors, our specialist lawyers are dedicated to providing personalised and effective legal representation to clients who are seeking to challenge a will. With years of experience and a deep understanding of the law, our solicitors will work tirelessly to ensure that your rights are protected and that you receive the outcome you deserve. We pride ourselves on our commitment to excellence and service levels, and we will do everything in our power to help you achieve a successful outcome. Choose us for expert legal advice and representation that you can trust.
Our contesting a Will solicitors help individuals who believe they have been unfairly treated in a Will, including those who have been left out of a Will, received an inadequate share, or have concerns about the validity of the Will.
To find out more about contesting a will in your area, visit our dedicated pages:
You can contest a will after probate. The process may be different to contesting a will before probate, but a specialist solicitor will be able to advise you on this.
If you have an issue it is always best to contest a will before the grant of probate, as when probate is granted the Executor can administer the Estate and sell property, access bank accounts, etc. This may make it more difficult to enforce any judgment you get in your favour as the assets may have been spent.
Contesting a will is not straight forward and there are a number of different ways it can be done. At Forbes, our process is roughly that we first look to speak with you in detail about your claim, carry out initial investigations and advise you of the legal position surrounding your case. We will then write to the opponent and put your case to them in full.
After we receive a detailed response from the opponent we may then look to organise a mediation to attempt to resolve the matter without the need for court proceedings.
If mediation is not successful, then we will need to issue court proceedings. We will advise you thoroughly of the cost and risk of doing this, to ensure that you are comfortable with all details.
In some cases, there are strict time limits to contest a will and if you have an issue you should contact us without delay to ensure a claim is brought in time.
To make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you have six months from the date of the grant of probate to bring a claim. However, you can bring a claim out of time if you have a good reason, and we can advise you on that.
If the time limit has passed or if the time limit is approaching, it is important that you act fast and contact us without delay.
In some cases there are no time limits to contest a will, and we will advise you of that in our initial free consultation.
There is no set cost to how much it will cost to contest a will, as it will vary based on the solicitor you choose as well as the nature of your claim.
With Forbes Solicitors, your initial telephone consultation with a specialist wills & probate solicitor is completely free. After that, we offer extreme flexibility with fees and funding, which sometimes includes operating on a "no win, no fee" basis, and we can also defer costs to ensure we work with clients as efficiently and cost effectively as possible.
Every contested probate claim and case is different - and yours is likely to be unique, too. As such, it's difficult to predict what your case may look like, or the exact path that your claim may take.
If you feel that you would like to pursue a contesting a will claim, then the first step that you need to make is finding a trusted and specialist solicitor. Our experienced team of probate and wills solicitors can advise you on all aspects of your claim, and provide you with whatever support you need throughout the case.
Forbes Solicitors have a nationally recognised team of specialist Contentious Wills, Trusts and Probate lawyers. Our lawyers are recognised and recommended by the prestigious "Legal 500", a directory listing top lawyers and firms, and are associate members of the esteemed Association of Contentious Trusts and Probate Specialists and the Society of Trusts and Estate Practitioners.
We are extremely flexible with fees and funding and offer a free initial telephone consultation with one of our specialist lawyers. We often pursue matters of 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.
The team act for clients on local, national and international basis on a range of Contentious Wills, Trust and Probate matters. We have significant experience in acting for claimants, defendants, executors and beneficiaries in a variety of matters, including:
Yes, a Will can be contested if there are grounds to do so. This can include if the Will was not properly executed, if the person making the Will did not have the capacity to do so, if they were unduly influenced, or if there are disputes over the distribution of assets. Contesting a Will can be a complex legal process and it is recommended to seek the advice of a solicitor.
When a Will is contested it means that someone is challenging the validity of the Will. This can happen if they believe the will was not properly executed, the person making the Will did not have the capacity to do so, or if they suspect foul play. The matter could proceed to court, and a judge will decide whether the Will is valid or not. If the Will is deemed invalid, the deceased's estate will be distributed according to the rules of intestacy or a previous valid Will.
No, the claimant must benefit from the claim to be able to contest a Will. For example they must benefit under the intestacy rules or the previous will to challenge the validity of the Will.
There are various classes of people that can make a claim including children, people treated as children (including step children), spouses and former spouses, and any person maintained wholly or partly by the Deceased before death (this could include wider family members, friends or partners).
If you stand to inherit under the terms of a previous will or under the rules of intestacy, then you are likely to be able to contest the Will.
If you are making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision then there are a limited number of people who can claim.
If you wish to contest a Will, please give us a call and we will discuss with you whether you are able.
Yes, a sibling can contest a Will if they would benefit under the previous Will or the intestacy rules. However, contesting a Will can be a complex and costly process, and it is recommended to seek legal advice before proceeding.
Each contesting a Will claim is different, so it's important that you seek the expertise and advise of a specialist solicitor for advice on your specific circumstances. If you wish to contest a Will, please give us a call and we will discuss with you whether you are able.
Yes, grandchildren can contest a Will if they would benefit under the previous Will or the intestacy rules. If you wish to contest a Will, please get in touch with Forbes and we will discuss with you whether you are able.
A Will can be contested if it is believed to be invalid due to lack of capacity, undue influence, fraud, or improper execution. It can also be contested if there is a dispute over the distribution of assets or if the Will does not comply with legal requirements.
How much contesting a Will costs will depend on the specific circumstances involved as this will affect the amount of work involved in challenging the existing Will. Complex Wills involving several parties and the type of evidence required may be more costly to contest.
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.
To contest a Will and win you must benefit from the claim and have valid grounds, such as lack of capacity, undue influence, or improper execution. You need good evidence in support of the ground you are pursuing.
Your solicitor will be able to help with every aspect of the process and has the experience needed from previous contested Wills they have been involved with to build a strong body of supporting evidence that has the best chance of success.
Anyone who would benefit from a claim or who has an interest in the estate of the deceased can contest a Will. This could include family members, beneficiaries, and creditors. However, they must have valid grounds for contesting the Will, such as undue influence, lack of capacity, or fraud.
The grounds for contesting a Will include lack of testamentary capacity, lack of knowledge and approval of the terms of the Will, undue influence, fraud or forgery, and improper execution. Lack of testamentary capacity refers to the testator's inability to understand the nature and effect of making a Will. Undue influence occurs when the testator is coerced or forced into making a particular provision in the Will. Fraud or forgery refers to the creation or alteration of a Will with the intention to deceive. Improper execution refers to failure to comply with the legal formalities required for making a valid Will.
To contest a Will you need to provide evidence that the Will was not executed properly, the deceased lacked mental capacity when making the Will, the deceased was unduly influenced or coerced into making the Will, or the Will is fraudulent or forged. You may also contest a Will if you were not adequately provided for as a dependent of the deceased.
Contesting a Will can result in a lengthy and expensive legal process, which may lead to the Will being upheld or declared invalid. If the Will is overturned, the deceased's assets will be distributed according to intestacy laws or a previous valid Will. Contesting a Will can also cause family disputes and damage relationships. The losing party may be required to pay some or all of the legal costs of the winning party.
No, you do not need a solicitor to contest a Will. However, it is recommended to seek legal advice from a solicitor who specialises in contentious trusts and probate to ensure that you understand the legal process and your rights. Contesting a Will can be risky, complex or emotional, and a solicitor can provide guidance and support throughout the process.
You have six months from the date of the grant to issue a claim under the Inheritance Act otherwsie you would need the permission of the court to do so. There are no such time scales for a challenge to the validity of a Will. But it is recommended to seek legal advice if you are considering contesting a Will as soon as practicable to avoid the estate administration and distribution taking place.
To contest a Will you must first have the legal standing, such as being a beneficiary or someone who would benefit from the claim. The process involves sending a pre-action letter of claim setting out the grounds for the claim and the evidence in support. If necessary, some disputes will result in a claim being issued at court and the outcome being decided by a Judge following a trial.
If you are successful in a claim to challenge a Will, the court may declare the Will invalid and set it aside. The deceased person's estate will then be distributed according to a previous valid Will, or the rules of intestacy, which means that their assets will be divided among their surviving relatives in a predetermined order. However, if the court finds that the Will was made under undue influence or fraud, it may also order that the person who exerted such influence or committed fraud be excluded from inheriting any part of the estate.
Yes, you can contest a Will even if you are not named in it. However, you must also have the legal standing to contest the Will, which typically means you must be a spouse, child, or dependent of the deceased for an Inheritance Act claim, or benefit under a previous Will or the intestacy rules in a validity challenge.
A Will contest is a legal challenge to the validity of a Will. A probate dispute is a disagreement over the administration of an estate, such as the distribution of assets or the appointment or removal of an executor.
Yes, it may be possible to contest a Will made outside of the UK. However, the laws of the country where the Will was made may also need to be considered. It is recommended to seek legal advice from a specialist in international wills and estates.
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