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The experience of losing a loved one is always a sad and upsetting time. The stress and emotions felt when dealing with grief and loss is very difficult and this can be made even worse if it turns out that the person you cared about has left a Will that doesn't make sense to you or seems unfair.

It might be that you were expecting to be included in the Will and were not, or it could be that the terms of the Will don't quite add up to what you understand were the wishes of your loved one before they passed away.

As highly experienced contentious Wills solicitors, with a proven track record of successful outcomes when challenging contentious Wills, probate and trusts, our team can help you to find a legal resolution to the issue. There are specific grounds on which a Will can be challenged legally, and we will be able to help determine if any of them apply in your case.

Get in touch with our team today for more information if you're looking for expert contentious Wills solicitors. Call us on 0800 689 3607.

What is a contentious Will?

A Will can be considered to be contentious if there is a dispute over the validity of the Will itself, after the person in question has passed away. There are a number of different reasons why a dispute may arise over a Will, which include:

  • When someone who believes they should have been included in the Will, is not
  • When someone believes they were promised a specific inheritance in the Will and this now appears not to be the case
  • When someone believes that the deceased person was forced or coerced into changing their Will before they died by a person with undue influence
  • When someone believes that the deceased did not have the mental capacity to write or change the Will at the time that they did so
  • When someone believes that there may be forgery or fraud involved in the Will
  • When someone believes that the Will may not be valid in the eyes of the law

What to do if you think that a loved one's Will is contentious

Raising your concerns about the Will of a loved one can be a very difficult thing to do. Often, the dispute will be with someone that you know, perhaps even a member of your family, and the days, weeks and months after someone's death are already hard to deal with. It's not a decision that many take lightly, but in the case that the Will appears to be unfair or unexpected, it might be something that you want to challenge.

However, if you do believe that there is something not quite right about the Will and its contents, speaking to an experienced contentious Wills solicitor can help you to find out if there might be a legal basis on which to challenge the Will and can talk you through the process to do so. This means that you'll be able to make an informed decision on whether to take the matter further and what is likely to happen from a legal standpoint if you do.

The contentious Wills challenge process

In the case of a contentious Will that you want to dispute, the first part of the process is to get some expert legal advice on the matter, such as from the experienced team at Forbes Solicitors.

Your solicitor will discuss the circumstances and why you wish to contest the Will and will let you know whether it seems that you have sufficient evidence and grounds to do so. If you decide to proceed, there will be legal fees to consider, although we are often able to take this kind of case on a 'no win, no fee' basis, also known as a conditional fee agreement (CFA), which means that if you are not successful, you won't need to pay any legal fees.

The next stage of the process involves your solicitors conducting investigations to gather evidence to support your claim. We will then write to your opponent and outline the case that you wish to make to dispute the Will.

The next step is to wait for a response from the other party. Ideally, the dispute would be moved into a mediation process, so that court proceedings can be avoided. It might be that your opponent accepts the challenge, or the dispute can be settled during mediation. However, if mediation isn't successful, we can issue court proceedings so that an official judgement can be made during a hearing.

Time limits for challenging a contentious Will

The specific time limit for making a legal challenge to a Will that you feel is contentious will vary, depending on the grounds under which you are contesting it. For some grounds, there is a claim time limit of six months from the granting of probate. For others, there is not necessarily any time limit. This is why expert legal advice is needed as soon as possible if you're considering a challenge, and why experienced contentious Wills solicitors like Forbes are able to offer specialist support when it's required.

At Forbes Solicitors, we understand how difficult it can be to lose a loved one and then go on to have doubts about the validity of their Will. We're dedicated to offering not only our legal expertise on the matter, but also a level of understanding about the emotional support needed at this stressful time. We always strive to achieve the best possible outcome for every client, and keep you in the loop with how your claim is progressing at all times.

If you're considering challenging a contentious Will, get in touch with our team for more information about the next steps. Call us on 0800 689 3607, request a call back or enquire online.

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Our dedicated Contesting a Will team

John Lambe

John Lambe

Senior Associate

Contesting a Will

PinLancashire

Call01772 220 235

Tom Howcroft

Tom Howcroft

Senior Associate

Contesting a Will

PinCentral Lancashire

Call0333 207 1130

Olivia Jack

Olivia Jack

Solicitor

Contesting a Will

PinCentral Lancashire

Call0333 207 1130

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Call0800 689 3607

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Contacting Us

Monday to Friday: 09:00 to 17:00
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