How to contest a Will
If you are unhappy with the contents of a Will or believe it does not reflect the true wishes of the deceased, it may be necessary for you to contest the Will. This can be a complicated and potentially contentious process, so it is important to have sensitive, practical legal support from the outset.
Tayntons’ disputed Wills solicitors, based in Gloucester, have many years’ experience helping clients to contest Wills and resolve the resulting inheritance disputes. Our aim is to keep the process of contesting a Will as free from conflict as possible and in many cases we are able to resolve these matters amicably while ensuring your rights are respected.
We will be happy to discuss your case with you and provide an honest opinion on whether we believe you have strong grounds for contesting the Will in question. We will then review your legal options with you and support you with any legal action you wish to take to achieve a fair outcome.
Please be aware that there are strict time limits for some types of claim, so you should not delay in seeking advice about your position.
If you need to contest a Will, please speak to one of our disputed Wills solicitors now by calling 0800 158 4147 or request a call back and a member of our team will be in touch promptly.
General information on contesting a Will
Grounds for contesting a Will
In order to content a Will, you will normally need to show that one of the following conditions applies:
- The person creating the Will lacked mental capacity
- The Will was not executed correctly e.g. it was not signed or witnessed properly
- The deceased did not have proper knowledge or approval of the Will’s contents
- The deceased was under undue influence when creating the Will
- The Will is forged or otherwise fraudulent
- The Will being used is not the most up-to-date version
It is also sometimes possible for dependants of the deceased to contest a Will on the basis that is does not provide ‘reasonable provision’ for them. These types of challenges can be complicated, so it is important to get expert legal advice as soon as possible.
Who can contest a Will?
To contest a Will, you will usually either need to be someone named as a beneficiary in the Will or someone who would otherwise stand to inherit e.g. the deceased’s spouse, child or other dependant.
Filing a caveat
If you wish to dispute the contents of a Will, the first step will usually be to file a caveat with a court to prevent Grant of Probate for the estate. This stops the assets of estate from being distributed, giving you time to try to sort out the dispute.
A caveat lasts for 6 months initially and can be extended for a further 6 months for a small fee.
Why choose Tayntons to contest a Will?
Tayntons’ disputed Wills solicitors have extensive experience helping individuals and families to contest Wills under even the most complicated circumstances. Based in Gloucester, we work with clients throughout Gloucestershire, including Cheltenham and the Forest of Dean.
Tayntons has achieved Lexcel accreditation from the Law Society, recognising the strength of our practice management and client care. We are independently regulated by the Solicitors Regulation Authority (SRA) providing assurance that we continually meet the highest legal and professional standards.
Get in touch with our disputed Wills solicitors in Gloucester
Need help contesting a Will in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire? Please contact us today by calling 0800 158 4147, emailing us at email@example.com or requesting a call back.