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Contesting a Will London

SOLVING PERSONAL LEGAL MATTERS

When someone passes away, it can be a sad and stressful time. If you think there is something wrong with your friend's or relative's Will then you may be able to contest it. Our expert contesting a Will Solicitors are recommended in the Legal 500, and we are also members of the Association of Contentious Trusts and Probate Specialists and the Society of Trusts and Estate Practitioners.

If you believe you have been left out of a Will or you have not been left something that was promised to you, then it may be possible to challenge the Will. With property prices the way they are today in London, there can a lot at stake. A contesting a Will solicitor in London can be at your side throughout the duration of your case and to ensure you get the best possible outcome.

In recent decades, there has been an upsurge in the use of DIY Wills; this has meant that many Wills are contested and invalid. For a Will to be valid, it needs to have been executed correctly. This means the Will needs to be in writing, signed and witnessed by two witnesses.

Other grounds for contesting a Will include:

Making a claim for reasonable provision under the Inheritance (Provision for Family and Dependents) Act 1975. Family members, spouses, partners, children (inc adult children), friends and people who were financially dependent on the Deceased are eligible to make a claim under the Inheritance Act.

Lack of mental capacity - a Will may not be valid if the person making it is not deemed to be of sound mind. With the number of dementia cases rising, a Solicitor making the Will has a duty to ensure their client has the mental capacity to do so. Known as the 'Golden Rule', if a Solicitor doubts the mental capacity of their client then an expert 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. This can be complex and can be linked to the lack of mental capacity. 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.

Undue influence - a Will may not be valid if a person has been pressured to make or change a Will by an individual or a group of individuals. If evidence of undue pressure can be found, then the Will may be deemed invalid.

Fraud and forgery - if a Will or the signature has been forged then it is not valid. While forgery can be done by a family member, a carer or a friend, there have been cases where fraudsters have targeted isolated elderly people. At Forbes Solicitors, we utilise handwriting experts that can help to prove if a signature has been forged on a Will.

Our Wills Solicitors in London are experts in their fields and have helped a number of clients to successfully contest a Will. We often work on a no win no fee bases, so you can contest a Will without upfront payment and without taking a financial risk if you claim isn't successful. Contact our contesting a Will team today on 0800 689 3607 or click here to send us a message.

Contesting a Will can seem like a complex endeavour, however, our expert Solicitors will guide you through the process and be honest with you about your chances of success. We often take on contentious Wills cases on a no win no fee basis, so you can be confident that we will do all we can to ensure you get the best possible outcome. For more information on how to contest a Will and the process of contesting a Will, please see the FAQs below.

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FAQs

How to contest a Will?

To contest a Will, you will either need to prove that the Will is invalid or that reasonable financial provision has not been made to someone dependent on the deceased. To ensure you have a case, we recommend that you seek legal advice from an expert contesting a Will Solicitor. Contact us today on 0800 689 3607.

What is the process of contesting a Will?

There are a number of ways to contest a will, depending on the issue. At Forbes Solicitors, the initial process will be:

We will speak to you in detail about your claim and get all the facts and information possible

Carry out initial investigations
Once we have concluded our initial investigations, we will inform you about your legal position and go through your options
We will then write to the other party and put your case to them in full
Once we have received a response from your opponent, we will look to try to settle the matter through mediation
If mediation is not successful, we will then issue court proceedings and we will advise you thoroughly of the cost and risk of doing this, to ensure that you are comfortable with all details

How much does it cost to contest a Will?

The cost to contest a Will depends on your individual case. At Forbes Solicitors, your initial telephone consultation with a specialist Wills Solicitor is completely free. We can take on cases on a no win no fee basis and we always work as efficiently and cost-effectively as possible.