20+ Years Experience
Specialist Will Contest
At Will Contesting Solicitors, we are dedicated to providing expert legal guidance and robust representation to those facing inheritance disputes.
Our experienced panel solicitors specialise in contesting wills in Lymington, ensuring your rights and interests are protected throughout the legal process.
Whether you are a beneficiary seeking to challenge a will, an executor dealing with a dispute, or a family member concerned about the distribution of an estate, we are here to offer compassionate support and professional advice.
With a deep understanding of inheritance law and a proven track record in probate litigation, we are committed to achieving the best possible outcomes for our clients.
Trust Will Contesting Solicitors Lymington to stand by your side and help you with will dispute confidently and clearly.
Our team of experienced panel solicitors have a proven track record of helping clients successfully contest wills.
Through the years, our panel solicitors have dealt with a wide range of will disputes in Lymington, ensuring the resolution of these disputes with the outcome our clients hoped for.
Our team is here to help, regardless of how complex your situation may be.
We also understand how emotional this process can be for many people, so we always remain considerate of each client’s feelings.
Often, when a will is contested, there is a dispute between members of the same family, who might all be in various stages of grieving.
We aim to always be sensitive while providing a service that should lead to our clients inheriting what they feel is right for them.
The legally acceptable grounds for contesting a will fall into two separate categories.
It is possible to dispute a will if it can be proven to be invalid. That means that it does not satisfy the legal requirements to make it a valid will. Certain circumstances lead to a will being invalidated, which we will discuss in greater depth shortly.
The second valid reason for contesting a will is if it can be proven that it does not make reasonable financial provision for a family member. This can also be applied to a person who was financially dependent on the deceased before his/her death.
There are six common grounds for contesting a will, which will fall into the aforementioned two categories.
In simple terms, ‘testamentary capacity’ means that the document can be challenged if the deceased lacked mental capacity when drawing up the will.
Certain criteria must be met for a will to be legally regarded as being made by someone of sound mind. These criteria are a legal test that has been an important part of inheritance law in the United Kingdom since 1870. They are the following:
It is possible to launch a challenge against a will on the grounds of testamentary capacity if any of these criteria haven’t been satisfied.
If the wishes of the person making the will have been superseded by those of someone else, then it can be evidence of undue influence. This tends to occur when either coercion or force is used to alter the terms of a will.
Examples of undue influence include violence or the threat of violence against the person making the will.
It is, however, often extremely difficult to contest a will on the grounds of undue influence. That is because it has to be proven that the terms of the will were wholly due to the influence used on the person writing the will.
Often, it is claimed that a beneficiary has used emotional blackmail to influence the terms of a will.
For example, a family member or friend might constantly remind the testator of what they have done for them in the past. It is hard to prove that such comments have led to the testator putting the wishes of others above their own.
It is becoming increasingly common for the courts to accept undue influence as grounds for contesting a will. However, it is still very difficult to prove unless there is clear evidence that coercion or force has been used to overpower a testator’s wishes.
It is crucial that the testator is aware of the contents of the will when signing it. This is assumed if the testator is of sound mind when the document is signed.
There are times, however, when further proof of this knowledge and approval of the terms of the will is required.
In cases where the person writing the will is incapable of hearing and/or speaking, evidence of the testator’s knowledge and approval is needed.
This is also the same if the testator has lost the ability to speak or write when the will was drawn up. In this case, knowledge and approval can be questioned.
Blindness and illiteracy are grounds for the courts to require further proof of the testator’s awareness of the terms of the will.
The validity of the will can indeed be questioned if the will was signed by someone other than the testator. It is only possible for a will to be declared valid if the other person was instructed by the testator to sign the will – usually because of incapacity – and that the testator was aware of all terms in the document.
A valid will requires certain formalities to have been correctly followed. In cases when this hasn’t occurred, then it is referred to as a “lack of due execution”.
A properly executed will has to satisfy the following criteria:
If it can be proven that one of these legal requirements was not fully satisfied, then there are grounds for disputing the will. It will then be determined that the will was not properly executed, invalidating it.
A will is invalid in cases of forgery.
It can be classified as a forgery if the testator’s signature or witnesses has been made by someone other than the person it is assumed to be.
A will can also be classified as invalid if the contents of the will or the will itself have been forged.
If lies or dishonest aspersions have led to the terms of the will being altered, then it will invalidate the will as being due to fraudulent calumny.
There are some similarities between undue influence and fraudulent calumny. It will often occur when a beneficiary of the will has slandered another beneficiary, which has led to them being removed from the will.
For this to be proven, then evidence has to show that the testator’s choice for disinheriting a beneficiary can only be explained by a false claim. It has to be proven that a false claim was made with the intent of causing the testator to disinherit someone. The claim must also be believed to be false by the person making the claim.
Fraudulent calumny occurs most commonly within families. For example, one child might tell her parent that her sibling has a secret gambling addiction. The child tells her parent this, intending to poison her sibling’s character, hoping that it leads to the parent leaving her the whole estate.
It is possible to contest a will on a “no win, no fee” basis. Usually, will dispute solicitors only accept a client on these terms once the claim has been assessed. If our panel solicitors determine a reasonable likelihood of the claim being upheld, they will likely enter into a conditional agreement with the client.
An agreement of this type will usually mean that conditional fees will only be paid upon a successful contesting of a will. If you win the case, your opponent must pay the fees. If the case is lost, the fees will not be charged to you.
If your case is successful, you will be required to pay another fee if the case is won. Often referred to as a “success fee”. This is only paid from your winnings and should be considered before entering into a “no win, no fee” agreement.
Our panel solicitors will consider a conditional fee agreement with a client upon an in-depth assessment of the claim being made.
Our specialist team of panel solicitors are available to discuss payment options with you. If you believe a no-win no fee agreement would benefit you, do not hesitate to contact us.
It needs to be established first that there are grounds for contesting a will. To do this, you are recommended to seek legal advice.
Let’s have a look at both parts of the process more closely.
Dispute resolution can be achieved through two means.
Estate disputes can be settled through mediation, which avoids the need for the claim to be taken to court. This tends to be the ideal solution for all involved, and your legal team will strive to resolve the dispute at the earliest stage of the process. That allows everyone to move forward following the loss, and reconciliation is often more likely.
Unfortunately, dispute resolution is not always successful. Inheritance disputes can be attritional processes that end with the need to issue court proceedings. Contested wills that go to court can take until the dispute is resolved.
Our panel of specialist solicitors will advise you in such cases of the costs involved.
It is important to understand that the process of contesting a will is a timely one. It can be emotionally and financially draining. An inheritance dispute tends to be between family members or people who know each other very well.
Before any claim is made, it is highly recommended that expert legal advice, such as panel solicitors’ offer, be sought so that you are aware of what the process entails and your chances of a successful claim.
There are various options for contesting wills. Our specialist lawyers can advise you on which method to use depending on your specific claim. In most cases, we recommend one of the following two methods for contesting a will.
The first route is to challenge the validity of the will. To do this, it must be proven that the will has been invalidated due to the grounds we previously explained in this article.
If it is proven that the will is invalid due to one of these reasons, then one of two outcomes will occur. The estate will either be passed to beneficiaries based on the most recent valid version of a will or due to rules of intestacy.
In cases where it is impossible to question the will’s validity, it will be recommended that a claim be made under the Inheritance (Provision For Family and Dependants) Act 1975 for reasonable financial provision.
The time limit for contesting a will depends on the method used for making a claim.
In cases where a claimant questions the validity of a will, theoretically, there is no time limit. While it is true that such a claim is not legally dependent upon a time limit, in reality, this claim must be made as soon as possible. Why? Because once the deceased person’s estate has been distributed, it is much harder to secure your payment.
It is only possible to contest a will up to six months after the grant of probate when claiming the Inheritance (Provision For Family and Dependants) Act 1975.
A six-month deadline is also set for any claim made to rectify the will through Section 20 of the Administration of Justice Act 1982.
There is currently no set amount when it comes to contesting wills. Each person’s claim will be different from another’s. In short, the more legal work required, the more expensive the process.
If court proceedings are brought and the claim is lost, then the winning party’s costs might also need to be covered by the losing party.
Anyone considering contesting should speak to a specialist as soon as possible. After an initial consultation, the legal costs you can expect to encounter should be clear.
Our panel of experts will gladly discuss your possible claim and give you an idea of the cost of the whole process.
If you have legal grounds to contest a will, then it is recommended that you make a claim. As we’ve previously stated, one downside is the possible cost of the process. Fortunately, there are options for funding the legal process.
We’ll now look at each option in depth.
Once it has been determined that a claimant has good grounds for contesting a will, a legal firm might offer a conditional fee agreement, more commonly referred to as a “No Win, No Fee” agreement.
An agreement of this sort means that the claimant is only liable for fees if the will is successfully contested. The legal expenses accrued during the claim process will be recovered from opponents, but an added “Success Fee” must be paid.
There are pros and cons to entering into such an agreement. Of course, the most significant advantage is that an unsuccessful claim will not cost you a penny.
If you don’t have the resources to instruct lawyers privately, then this might be the best option for contesting a will. The drawback is that some of the money you receive upon winning the claim will go to the law firm representing you.
In certain circumstances, our panel of solicitors will offer a “No Win, No Fee” agreement, so contact our team to see if this is the best way to fund your claim.
Damages-based agreement (DBA)
Another service our firm offers is the ability to enter into a DBA (Damages-Based Agreement). In such cases, you will be liable for any costs accrued by our lawyers if your claim is successful. However, the losing party will partially or fully cover these costs. This will be achieved through an order for damages to be made against the other party.
This agreement will differ depending on the specific claim being made. If you are making a high-value claim, we recommend you discuss this funding scheme with our team.
It is possible to fund the proceedings privately if you have access to the money to cover all costs.
We believe that it is important for any private claimant to fully understand all possible costs that could arise during the process. You can be assured of quality service from our panel of qualified solicitors who aim to provide you with a successful claim.
If you would like an estimate of the process’s cost, do not hesitate to contact our team and set up a meeting.
If you have legal expenses insurance, then this is an excellent way to cover the risks in your claim. It can cover legal expenses and ensure that you are not completely liable for extreme fees in the case of an unsuccessful claim.
We will gladly discuss this route with you during an exploratory meeting. Contact our team right away if you have legal expenses insurance.
There are various after-the-event insurance policies available which can be used to cover the risks if you are liable after an unsuccessful claim.
We recommend speaking to our team to see if this could be an option for you.
There is no set rule for who pays for the resolution of trust disputes. Generally, however, the losing party is responsible for the legal costs.
In contested wills where the claimant is unsuccessful, you will likely need to pay the winning party’s costs. There are some circumstances where this isn’t the case, but it is most likely that an unsuccessful claimant will be liable to pay the fees in this situation.
Trust disputes can become extremely expensive. In some cases, the costs can be more than the estate assets, meaning the winner can still end up in debt due to contesting the will.
Our panel of contentious probate experts always strives to settle probate matters early.
Legal aid cannot be used for contested wills unless very exceptional circumstances apply
We recommend using one of the alternative funding options mentioned previously. A good option for anyone unable to afford fees upfront is a conditional agreement, widely known as a “No Win, No Fee” agreement.
Our panel of solicitors offers a wide range of services related to contested wills.
They can also support claimants who feel that the true wishes of the will writer have not been enacted. They can offer our services in cases of an invalid will, undue influence, contentious probate, contentious trusts, and various other grounds for challenging a will.
There are strict rules in place regarding when a will can be contested. For that reason, it can be difficult to challenge a will post-probate. While it is difficult, it is not necessarily impossible.
If you are considering a post-probate challenge to a will, then we recommend contacting our panel of legal experts as soon as possible. They can discuss your options and explain all the potential outcomes you may encounter.
Time limits depend on how the will is being contested.
If the claim is that there is no valid will, in accordance with the Wills Act 1837, then there is no time limit. For example, a late challenge can be made if it is discovered that the will has not been properly signed. In most cases, however, validity is challenged on terms such as lack of testamentary capacity. Therefore, it is recommended that a claim based on the Wills Act 1839 is made as early as possible.
Any challenge made under either the Inheritance Act 1975 or Section 20 of the Justice Act 1982 has a six-month deadline from the date of the grant probate.
All claims made after a person’s death regarding their estate fall under the umbrella term of “Contested Probate” or “Contentious Probate”. This includes all the grounds for a challenge that we have explored in this article, from lack of testamentary capacity to a lack of reasonable financial provision.
Other circumstances fall into contentious probate. These include when the person with the will in his/her possession does not allow it to be released. Another similar situation is when the executor of the will continues to enact probate despite there being a challenge to the will.
Our panel of solicitors is highly experienced in working with cases of contested wills. Please do not hesitate to contact our team if you want to challenge or defend a will.
They can guide you through the process from start to finish while ensuring you get the desired resolution.
In theory, the law recognises handwritten wills. There are, however, certain requirements for such wills to be declared valid. It is necessary that they are witnessed by a minimum of two people.
Handwritten wills are unusual. It is rare for a solicitor not to be instructed in preparing a will. When this occurs, then it is necessary that strict legal requirements are met to ensure that a will is valid. There is a good chance that these requirements have not been met with a handwritten will. It is also possible that a beneficiary has taken advantage of a lack of testamentary capacity or exerted undue influence in the case of a handwritten will.
If you doubt that a handwritten will was produced when the deceased didn’t have the requisite mental capacity to make an informed decision on his/her estate, then we recommend contacting our team.
The Inheritance Act was passed in the UK Houses of Parliament in 1975. Its purpose is to allow people who have been wrongly excluded from a will to apply for the financial provision that was not provided in the will. This occurs if no reasonable financial provision was laid out in the will.
Only certain people can make a claim with this act. These include spouses and civil partners, an ex-civil partner or former spouse, someone who was in a relationship for a minimum of 24 months before the person’s death, children of the deceased (including non-biological children), and anyone financially dependent on the deceased prior to their death.
If there is just reason to contest a will, then it can be contested. Of course, it can be true that solicitors might be more likely to ensure that all legal requirements have been met when drawing up a will. But this is not always the case, especially when the mental capacity of the deceased has been compromised, perhaps due to old age.
The cost will depend on how much work is required for the process. A quick settlement will not cost anywhere near as much as one that ends up in a court battle.
There are many options for funding a claim against a will. “No Win, No Fee” can be an excellent option if you don’t have the funds upfront, but there is a good chance of you winning the claim.
Contact our team to discuss your possible claim. We can estimate how much the claim might cost and explain your payment options.
It depends on the challenge being made.
If the validity of the will is being called into question, then there is no time limit. It is, however, highly recommended that the claim process begins as early as possible. After probate has been granted, then it will be a more timely and expensive process.
Contesting a will through either the Inheritance Act 1975 or Section 20 of the Justice Act 1982 has a deadline. You need to begin proceedings within half a year after the date that probate has been granted.
Understandably, one might consider acting on one’s own behalf due to the high costs of instructing a solicitor to help contest a will. This is legally allowed. It is, however, strongly advised that you don’t consider this. The process requires expert knowledge.
If costs are an issue, then contact our team, and we can discuss your options. You will be much more likely to resolve the claim in your favour if you have legal representation.
Yes, this is a possibility. It is highly dependent on specific circumstances. If this is something that you are considering, then contact our team. Once we know what your situation is, then we can advise you as to whether it is possible or not.
This is possible. It is rare for it to occur, as usually, the executor has been given the privilege because he/she is trusted by the deceased. In situations such as this, it is advised that the executor relinquishes the role. In most circumstances, it is not possible for the person to execute the terms of the will if he/she has launched a claim against the will.
The will contesting process involves two steps:
First, a formal claim is submitted. It can take twelve months or more for the claims process to be completed.
Second, an attempt will be made to resolve the dispute. This can either happen through negotiation, mediation, or a court case.
You can find a detailed explanation of the process earlier in this article.
Only people with a vested interest can challenge a will.
The list of people legally allowed to contest a will are:
Once probate has been granted, it can be overturned as long as it is proven that the will is not valid.
If the sibling is mentioned in the will or a previous will, or if the sibling is financially dependent on the deceased, then the will can be contested by them. There are other cases where it is possible too.
If you’re a sibling considering a challenge to a will, then get in touch with our team, and we can explain your options.
Yes, if a grandchild has a vested interest, he/she can contest a will.
Getting a copy of a will is possible after probate has been granted. It will be placed on the Probate Search area of the UK Government’s website.
If you have not been mentioned in the will, then this is likely the only time you can see it. The executor of the will, or his/her legal representation might provide you with permission, but they are not legally required to.
Our panel solicitors provide services for anyone contesting or defending a will.
Contact us now to discuss your options.
Our panel is recognised by the Solicitors Regulation Authority.
Make sure you contact us today for a number of great Will Contest services in South East.
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