Contesting a Will

Contesting a Will with confidence and compassion

We provide specialist guidance and representation in disputes involving challenging the validity or contents of a Will, resolving conflicts with sensitivity and professionalism.

Contesting a Will involves carefully examining the legal validity of the Will and the circumstances under which it was made. Our experienced contentious probate solicitors understand how emotionally taxing these matters can be, and we approach every case with empathy and understanding.

The most common grounds for challenging the validity of a Will are:

• Lack of proper formalities
• Lack of capacity
• Lack of knowledge and approval
• Undue influence
• Subsequent revocation

A Will must comply with strict formal requirements: it must be in writing, signed by the testator (the person making the will) in the presence of two witnesses who also sign in the presence of the testator The testator generally must be at least 18 years old. We thoroughly investigate allegations that a Will fails these formalities, assisting you in presenting strong evidence where needed.

Capacity is a critical factor and an increasingly common ground of challenge. We assess whether the testator was capable of understanding the nature of the Will and the scope of their estate at the time the Will was created. Our team carefully consider any relevant evidence including medical records and witness evidence to build a clear case. In some circumstances it may be appropriate for us to instruct an appropriate medical expert to provide an opinion.

Lack of knowledge and approval is a ground that is often argued alongside lack of capacity but is itself a distinct ground of challenge. Whereas capacity is a general question, knowledge and approval is a specific question as to whether the testator actually knew and approved the contents of the Will they were signing. For example, if the testator did not receive legal advice as to the contents and effect of their will, it may be argued that they lacked knowledge and approval.

Undue influence claims require proof that the testator was coerced or pressured into making the Will or specific provisions. Suspicions often arise in circumstances where a person who assisted the testator to create the Will stands to benefit from it. Claims of undue influence are difficult to sustain and require strong evidence. We gather and present factual evidence to support or defend such claims with precision and sensitivity.

Finally, a Will may be challenged if there is evidence that it was subsequently revoked by the testator. Revocation can occur in a number of different ways, and our team will carefully consider the evidence as to whether a Will has been revoked.

Our approach focuses on clear communication, practical solutions, and guiding you through every step, ensuring you feel informed, supported, and confident.