Wills, Probate & Trusts – When Can a Will Be Challenged?

contentious probate solicitors

Disputes around the estate of a loved one are difficult for families. Understanding when a Will can be contested is important and can make this troubling time less confusing for everyone.

We have contentious probate solicitor an increase in people wanting to challenge the contents of a loved one’s will, and often it is several years after the deceased passed away. We are also seeing more enquiries about disputed trusts. These can be complex and involve multiple properties, international assets and family trusts.

Our specialist Wills, Probate & Trust team has extensive experience in dealing with these claims and disputes. Our expert contentious probate solicitors will investigate and prove the claims relating to the administration of a deceased person’s estate and help them get what they are entitled to.

Understanding Contentious Probate: Common Issues and How Solicitors Can Assist

A legal challenge to a Will (which is called a ‘contentious probate’) may be made when a person thinks that the Will was not validly drawn up and does not represent the true wishes of the deceased. This can be because there are clerical errors in the Will, it was signed under duress or that there were suspicious circumstances surrounding how the Will was created.

A claim is a civil dispute, governed by legislation and time limits can apply. For example, a fraud claim has no time limit but claims under the Inheritance Act 1975 have to be brought within six months of a Grant of Probate being issued. Our expert probate solicitors will take into account the timeline of a case to ensure that the process is managed efficiently.