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Our expertise provides much-needed clarity for clients, supported by our highly personal and empathetic approach to client care.
Speak to our expert Anjali Narshi for advice regarding disputed wills & estates today.
Disputed wills & estates in Stratford upon Avon, Birmingham, Cheltenham and Henley in Arden
Our expert disputed wills and estates solicitors can advise you on:
- Contesting a will
- Defending a will
- Inheritance Act claims
- Estate disputes
- Trust disputes
Who can contest a will?
You may be able to dispute a will if you are:
- A beneficiary within the will.
- A third party affected by the present or previous will.
- An individual or organisation that has been disinherited.
- An individual or organisation that was promised an inheritance.
- An individual who is related to the deceased or who was dependent upon the deceased.
What are the grounds to contest a will?
- Lack of due execution – The rules of formality are that the will must be in writing, be signed by the testator, the signature must be witnessed and each witness must attest and sign the will.
- Lack of capacity to make a will – If you are concerned that the testator (the person who made the will) did not have capacity to make a will, you may be able to challenge its validity.
- Undue influence – The contents of a will must represent the testator’s true wishes.
- Lack of knowledge or approval – For a will to be valid, the testator must have known and approved its contents.
- Fraudulent calumny – When someone deliberately lies to a testator to turn them against another natural beneficiary, causing that person to be unfairly excluded or receive less in the will.
- Fraudulent or forged will – The document was tampered with or signed under false pretences.
Defending a contested will
If you are a beneficiary, how you defend a will challenge will depend on the reasons for the claim being bought. However, it is likely that you may have to show some or all of the following:
- The testator had testamentary capacity to make the will
- The testator was acting of their own free will and the will reflects their own wishes
- The testator knew and approved the contents of their will before signing
- The will complies with the rules set out in the Wills Act 1837
Related to Disputed wills & estates
Our other Dispute Resolution services include:
Disputed wills & estates team
Meet our contentious probate specialists:
DISPUTED WILLS FAQS
Questions answered
Not sure that this is the service for you? Take a look at some of our frequently asked questions for more information.
A will is a legal document that expresses what happens to an individuals finances, property and assets after their death.
A will may also include other decisions around important responsibilities, such as childcare.
Failing to prepare a will can mean that officials then need to decide what happens to the deceaseds finances, property, assets, children, etc.
Wills can be challenged as invalid on a variety of grounds, including lack of testamentary capacity, undue influence, improper execution, and fraud.
We can help if our client feels that inadequate financial provision has been made, or if they wish to challenge the statutory provisions that apply when no valid will exists. If a will is wrong, or an estate isn’t administered in the right way, we can sue for professional negligence.
Typically refers to someones net worth. This can comprise of land, property, possessions, finances and other valuable items.
This service can be sought at anytime, and serves as a way for someone to ensure that their wishes are carried out after their death.
In recent years, there have been a number of high-profile contested probate cases. These are due to a combination of factors, from clients who are increasingly aware of their legal rights, to the rise in cohabitation, divorce, and remarriage. Both situations have contributed to an increase in disputes over estates.
From interpreting wills and trusts, to settling disputes between executors and trustees, our specialist private client team can handle the most complicated of matters.
Our services include...
• Interpretation of wills and trust provisions
• Disputes between executors and trustees or with beneficiaries
• Professional negligence in will drafting or the administration of estates
• Removal of executors and trustees
• Ownership and interests in property
• Abuse of powers by attorneys
• Challenges to funding decisions made by the NHS and local authority regarding care home funding arrangement
Within our Private Client department, we have an experienced and dedicated team who can handle even the most complicated of matters. From start to finish, we will offer expert knowledge and experience in this highly specialised and technical field.
Simply click the ‘Get in touch’ button at the top this page or visit our contact page link below.