Contesting a Will

The purpose of a Will is to record a person’s wishes so that they may be faithfully carried out after death. If a person’s last Will and testament does not accurately reflect the deceased’s wishes it may be possible to overturn it.

If you suspect this is the case with a loved one who has recently passed away you may be able to contest the Will.

A Will can be considered invalid if:

- Someone used undue influence over the testator when they were writing their Will

- The testator was of unsound mind when the Will was written

- The Will is a fraud

- Some formalities have not been carried out, such as the proper witnessing or signing of the Will

- An error has prevented the testator’s wishes from being properly executed.

See our Will validity checklist for more information.

It is also worth looking into the obligations of solicitors drawing up Wills if you suspect professional negligence on the part of a solicitor. Though thankfully rare, mistakes can have serious consequences to how the estate is divided up, including how much is taken as tax.     

If a Will was properly drawn up and executed, yet failed to provide for a close family member or dependent, this person may still be able to make an inheritance claim through the Inheritance (Provision for Family and Dependants) Act 1975. This law protects people who have been financially dependent on someone who has died, but have not been adequately provided for in the inheritance.

Our experienced contentious probate solicitors resolve disputes as quickly and cost-effectively as possible. Court proceedings are only used as a last resort and at all times clients are guided through every step of the legal process.  

 

Brighton office

Tel 01273 775533

Eastbourne office

Tel 01323 730543

East Grinstead office

Tel 01342 310600

Forest Row office

Tel 01342 822112

Lewes office

Tel 01273 477071

Seaford office

Tel 01323 891412

Pulborough office

Tel 01798 875358

Storrington office

Tel 01903 743201

Gatwick office

Tel 01293 804698

Primary Contact

Barry  Davis
Barry Davis

Partner

T | 01323 744412
E | email