Contesting a Will

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:

• Claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
• Challenging the validity of wills on the basis of lack of capacity, lack of knowledge and approval of the terms of the will, lack of proper execution, and fraud and forgery.
• Executor and trustee disputes including applications to the court for directions on the administration of trusts.
• Claims against executors for maladministration.
• Promises of gifts prior to death.
• Challenging lifetime gifts made to friends and relatives.