Will Disputes

We have significant experience in dealing with many types of disputed wills & contested probate claims.

Contesting a will, disputing part or all of the terms of it or the way in which estate administration is taking place, can be awkward and extremely distressing. As inheritance and Will dispute solicitors and lawyers (also sometimes known as contentious probate lawyers or solicitors), we understand the sensitivity and provide a realistic assessment of your case. If you have a problem with a will or wish to dispute a will or probate, please telephone us or complete our contested wills & probate contact form.

Wills can be disputed for a number of reasons, including but not limited to:

• Lack of proper execution of the will
• Lack of capacity (allegation that deceased was not capable of making a valid will)
• Lack of knowledge and approval
• Undue influence and fraud
• Forgery
• Applications to remove or replace executors
• Applications to rectify wills
• Trusts & charity disputes
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975 – claims that inadequate provision has been made in a will or if no will was made, under the Intestacy Rules
• Procedures for preventing assets being distributed pending resolution of concerns or a dispute (known as entering a caveat)

What action can be taken ?

If it can be established that the deceased did not have the relevant mental capacity or was subject to undue influence an application can be made to court requesting that the will be declared void.

If a Will has made no provision for a close member of the family or a dependent, a claim for reasonable financial provision can be made pursuant to the Inheritance (Provision for Family and Dependents) Act 1975. To bring such a claim, it will need to be issued within 6 months of the date of the Grant of Representation and that one of the following applies:

• You were married to the deceased (but if you divorced under a Clean Break Order you cannot apply); or
• You were an unmarried partner of the deceased and lived with him/her for more than 2 years (this is includes same sex couples); or
• You were a child of the deceased or treated as a child of the family; or
• You were a dependant of the deceased, for example, if the deceased was paying maintenance to you.

Contact our specialist London probate & wills dispute team today. we have helped many clients throughout London and in the local areas of Edgware, Mill Hill, Stanmore, Hendon, Watford, Harrow, Barnet, Brent.