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We are Legal 500 recommended solicitors specialising in contesting wills

Our specialist team is recommended by the prestigious independent guide to the legal profession, The Legal 500, a publication which has had this to say about them: "The strengths of the team is their ability to be thoroughly knowledgeable, stand for no nonsense, and do their absolute best for a client."
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Hand shake after a successful contesting wills case
Judges gavel which can be used in contested wills cases

funding options

Funding options for contesting wills

We offer a range of funding options, including No Win - No Fee, deferred fees, and fixed fees. We also provide a popular free consultation service via our dedicated helpline. Find out if you have grounds to contest a will. We offer:

legal help

Legal help for both claimants and defendants

We represent claimants (those who are bringing the claim) and defendants (those wishing to defend a claim). We are able to take all steps, from investigating a claim and obtaining evidence, the all the way through to bringing or defending a an action in court. We also have an excellent track record of resolving contested will disputes out of court through mediation. We are experienced in lodging Caveats, issuing Warnings and entering Appearances. We can also undertake all preliminary investigatory steps such as obtaining and reviewing medical records, solicitor's will preparation files, and Larke -v- Nugus statements.
Arranging legal help for a contested wills claim
Contesting wills lawyer consultation with clients

free case assessment

Free 30 minute consultations

So, if you are looking for recommended solicitors who have a great track record of success in contesting wills, and who are able to work on a no win, no fee basis, then take advantage of our offer of a free 30 minute consultation. We will evaluate your claim, identify your options, and consider what funding schemes are available.

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Find out if you have grounds to challenge a will

You can find out if you may be able to challenge a will by reading our summarised reasons below, or you can view the extended Grounds to Contest a Will page for more information. Please feel free to call freephone 0333 888 0409, or email us info@contesting-wills.co.uk with any questions.'

Lack of mental capacity

The most popular basis for contesting a will is on the grounds of mental capacity. Anyone making a will must have the appropriate level of mental capacity. Lawyers refer to this as 'testamentary capacity'. If that level of capacity was not held when the will was made then a challenge is likely to succeed. Assessing whether someone has testamentary capacity however is not straightforward. For instance, many people assume that if the will maker had dementia then they would lack capacity, but in reality it is far more complex than that. We have to consider each individual case on its own facts, and it is often necessary to call upon medical experts to determine whether someone was likely to have had capacity.

Lack of knowledge and approval

Closely linked to mental capacity, but a separate and distinct ground for contesting a will nevertheless, is to challenge the validity of a will on the basis that the maker of the will lacked knowledge and approval. Again this is a complicated legal principle and calls for specialist legal guidance.

Undue influence

Undue influence is another of the grounds for contesting a will, but it is notoriously difficult to do so successfully. The law acknowledges that an element of influence is involved in the making of virtually every will. The circumstances therefore have to be extreme for an allegation to be upheld, and successful challenges generally involve an element of coercion.

Incorrect procedure

If the correct legal procedures for creating and executing a will (as specified in section 9 of the Wills Act 1837) are not followed, then the will may be legally invalid, which means you may be able to contest a will on the grounds of invalid procedure.

Fraud

If the signature on the will is forged, or if the document was tampered with after it was signed, it can be declared invalid.

Fraudulent calumny

Fraudulent calumny is a particular type of fraudulent behaviour. It arises where a beneficiary tells a testator lies (either knowing them to be false or not caring whether they were true or false), which resulting in the testator's mind being poisoned and causing them to change their will.

Inheritance Act claims

In addition, to contesting a will on the basis that it is legally invalid, the provisions of a will can be contested under the Inheritance (Provision for Family and Dependants) Act 1975 if it fails to make adequate financial provision for someone who is protected under that legislation, such as a spouse, partner, child or dependant. A successful Inheritance Act claim does not mean that the will is invalid, it simply allows the court to modify the terms of the will to make financial provision for the person who is making the claim.

How our specialist solicitors can help you contest a will

If you would like to challenge a will then contact us for a free 30 minute consultation on the grounds for contesting a will and the options open to you. Call our free legal helpline or email brief details of your case to us. Call 0333 888 0409 or email us at info@contesting-wills.co.uk

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Case Studies - A track record of success to be proud of

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We are proud of our track record of success in the complex area of contesting wills. We have achieved successful outcomes in a vast range of scenarios. If you take a look at our case studies you will see the breadth of our experience and our numerous successes. You may find a case that directly mirrors your own, but if not, the chances are that someone in our team will have dealt with a similar case.

Frequently Asked Questions

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Some of the questions our specialist contesting wills solicitors are most frequently asked. Please feel free to contact us to ask any questions related to your case, we also offer a free 30 minute consultation.

A mirror will reflects the contents of another will made at the same time. They are commonly made by spouses (and sometimes unmarried couples) who wish to leave their estate to the other, with the combined estates then being left to named beneficiaries (generally children) on the second death. The terms of each will ‘mirrors’ the other, but the survivor is free to make a new will if they choose to do so.

Mirror wills should not however be confused with mutual wills. While they are similar in that each will reflects the contents of the other, a mutual will goes one important step further. It creates a legally binding agreement that the terms of the wills must not be changed when one of the will makers dies. Mutual wills are effectively an enforceable contract, with the surviving will maker being legally bound not to alter or revoke their will.

Mutual wills are far less common than mirror wills. While they provide certainty after death, they do not allow flexibility or testamentary freedom once the first person has died. They are also open to challenge upon grounds such as undue influence.

It is difficult to assess what it will cost to contest a will at the outset of a case. There are so many different factors that impact legal fees, including the complexity of a case and the steps that will be required to obtain the evidence to support it. The conduct of your opponent can also have a great bearing.

Because legal costs are usually calculated on an hourly basis, the longer a case goes on, the more work that is required, and the greater the costs will be.

Another key factor is the seniority of the solicitor who deals with your case. The more senior the lawyer, the higher their hourly rate will be.

We have a large team of specialists who deal exclusively with this area of work. This means that we can offer specialist representation at all levels. Our team of qualified lawyers includes

We will be happy to discuss which member of our team will be best suited to your case and provide details of their hourly rate.

Because we specialise in contested wills, we trust our own judgment and are therefore willing to work No Win, No Fee basis. Not all cases are immediately suitable for No Win, No Fee funding, of course. We can only offer this funding scheme where the prospects of success are good. Sometimes this will be clear from the outset and an immediate decision can be made. Other cases might not be quite so clear at the outset, and investigations will need to be carried out. This could include:

  • Obtaining the deceased’s medical records;
  • Speaking to the witnesses of the will;
  • Obtaining will preparation file; and
  • Requesting a statement’ from the solicitors who drafted the will.

Once these investigations have been carried out we will be in a better position to make an informed decision on whether No Win, No Fee funding can be offered. We may be able to carry out that investigatory work for a fixed fee.

We are also able to deal with cases on a deferred fees basis, where you are guaranteed to receive monies from an estate that will be sufficient to meet the legal costs.

Contesting a will can be worth it where the potential benefits outweigh the financial, and emotional costs.

The starting point when making a decision is to consider whether you have the required legal standing and the grounds to contest the will. We can offer guidance on this, but to have legal standing you will need to be a beneficiary under a will, or someone who would inherit under the intestacy laws if there were no valid will.

There are a number of legal grounds upon which the validity of a will can be contested, including:

  • Lack of testamentary capacity
  • Undue influence
  • Fraud or forgery
  • Want of knowledge and approval
  • Improper execution

You will also need to consider whether the estate has sufficient assets to warrant a legal action, bearing in mind the likely legal costs that could be incurred. And please remember that while legal costs are often paid from the estate, that is not always the case.

In addition to the financial cost, it is important to factor in the emotional toil of bringing a legal claim. Contesting a will can be stressful and very often impacts family relationships.

If you are debating whether it is worth contesting a will then contact our experienced team for a free consultation. We will help you weigh up the pros and cons, and can look at the funding options open to you, including no win, no fee.

Generally, anyone who falls within the following categories can challenge the legal validity of a Will:

  • Someone named as beneficiary in the Will
  • Someone named as beneficiary in a previous Will
  • A dependant of the deceased who has not been named in the Will
  • Someone to whom the deceased made a promise (verbal or written) to leave a gift, but who wasn't named in the Will

Under the Inheritance (Provision for Family and Dependants) Act 1975, you don't need to be the deceased's biological child, as claims for reasonable financial provision can be made by:

  • An adopted child of the deceased
  • Someone who has been treated as a child of the deceased's family;
  • Someone who has been financially dependent upon the Deceased.

These categories aim to ensure that those who were dependent on the Deceased are provided for. This means that if a child was brought up by the deceased, as their own, even if there was no formal legal relationship, they might still be able to claim under the Inheritance Act.

A child of the family refers to an individual who, while not biological or legally adopted, was effectively treated as such within the family. This can include stepchildren and foster children. The key factor is that the deceased treated the child as a member of the family and, often, as a dependent, for a significant period of time.

Having said that, it is important to note that each case is assessed on its specific facts.

Our team will be happy to offer a free initial consultation to consider you own particular circumstances.

 

When pursuing a claim under the Inheritance (Provision for Family and Dependants) Act 1975, the court will consider a variety of factors to determine what would be reasonable provision within each specific claim.

When an application is made by a spouse/civil partner of the deceased, the court will consider the financial provision that would be reasonable in all the circumstances of the case for a spouse/civil partner to receive, whether or not that provision is required for his or her maintenance.

If an application is made by someone who falls within one of the other categories, the court will consider such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for their maintenance.

Under section 4 of the Inheritance Act (Provision for Family and Dependants) Act 1975, you have six months from the date of the grant of probate to bring a claim. This is a strict deadline, though in specific circumstances you may be able to bring a claim outside of this period, if you obtain permission from the court.  When considering whether the court should grant permission, the court will consider:

  • The reasons for the delay;
  • Whether the estate has already been administered;
  • The strength of the claim;
  • Whether other parties would suffer prejudice if the claim were allowed out of time.

While no strict deadline exists for contesting a will's validity, challenges should be made immediately to prevent asset distribution.

The law in England and Wales is based on the idea of 'testamentary freedom'. This means that we are all free to leave our estate to whomever we wish. As a result, children do not have an automatic right to be included in their parent’s will, nor do they have an automatic right to receive an inheritance.

Having said that, if a parent fails to make reasonable provision for their child in a will, the child may be able to pursue a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

If someone in England and Wales passes away without having executed a valid Will, the rules of intestacy will apply.

 

The intestacy rules determine how a person’s estate is distributed if they die without a valid Will. The rules follow a prescribed order, working through different family members.

Firstly, the estate will go to a surviving spouse. If there are children, the first £322,000 will go to the spouse and the remainder is divided 50% to the spouse and 50% to the children.

If the deceased was not married, the rules follow a hierarchy:

  1. Children – each biological child receives an equal share
  2. Parents
  3. Siblings – full siblings will each receive an equal share of the estate. Half siblings will only inherit if there are no full siblings
  4. Grandparents
  5. Aunts and Uncles – similarly to siblings, half aunts and uncles will only inherit if there are no full aunts and uncles
  6. The Crown – in the unlikely event there are no living relatives to inherit the estate, it will pass to the Crown where it will be administered by the Treasury Solicitor.

(Figures accurate at January 2026)

An executor is the person who is legally responsible for managing the deceased’s estate. Their key responsibilities include locating the will, applying for the grant of probate, valuing the estate, paying any debts or taxes and distributing the remaining estate to the named beneficiaries.

 

A beneficiary is an individual or organisation that is designated to receive assets, money, property or possessions from someone’s estate after their death. A beneficiary may be left a specific gift e.g. a particular item or a set amount of money, or they may receive a share of the residuary estate e.g. the estate that is left after specific gifts, debts and expenses are paid.

 

Once someone has passed away, the executor of the will can apply for probate to be granted.

A Grant of Probate is a legal document that grants the executor of the will the permission to manage a deceased’s person estate, allowing them to collect assets, pay debts and distribute the remaining estate to beneficiaries according to the will’s instructions.

If someone dies without a will, a similar document called Letters of Administration can be applied for by the deceased’s next of kin. This allows this person to act as administrator of the estate.

 

You can find out if probate has been granted by looking on the Find a Will website. Once probate has been granted, this, together with the Will, will become a public document.

Yes, if you are concerned about the validity of a will, you can apply for a caveat to prevent probate being granted. You can do this via the Probate Registry for a small fee. A caveat has the effect of blocking the administration of the estate and will stay in place for six months.

A beneficiary would typically receive inheritance money within 6 to 12 months of the death, however it can take longer for complex situations including estates that require a property sale, include overseas assets, or if there is a dispute.

If you feel that an executor is refusing to pay you the money that you are due, you may have a range of legal options open to you.

If an executor has behaved in a way that is detrimental to the estate or is delaying distribution, you can make an application to the court for their removal. The court can remove an executor for many reasons, most commonly if there is a conflict of interest, hostility or a breakdown in relationship between executors and beneficiaries.

If the executor is a trustee of a trust within the Will, the court can also remove them alongside their removal as executor.

Executors are also able to voluntarily remove themselves by renouncing their right to act. They can do this by submitting a written renunciation to the probate registry. However, this can only be done if they haven’t already begun to act as an executor for the estate.

Inheritance disputes can be funded in multiple different ways. Funding options usually offered are private funding and a Conditional Fee Agreement (CFA).

Private funding requires you to fully fund any work carried out. Sometimes 'Pay at the End' options are vaialble. There are also fixed fees, and initial fee limits.

A CFA is a type of No Win No Fee agreement. This means that you will only pay your fees if your claim is successful. On top of your fees, you will also be liable a success fee. This fee is calculated based on the merits of your claim. CFA’s are most common for claims under the Inheritance (Provision for Family and Dependants) Act 1975.

You may also be able to fund your dispute through Legal Expenses Insurance (LEI). This is sometimes offered as part of other insurance policies such as home and car insurance, as well as credit cards.

 

Yes, you can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you receive less than you expected or nothing at all. To make this type of claim you will need to demonstrate that no reasonable financial provision has been made for you. This will involve considering details of your current financial situation and future needs.

You may also be able to challenge a will you have been left out of if you believe it is legally invalid. The validity of a Will can be challenged if it does not comply with the formal requirements of section 9 of the Wills Act 1837, or on the grounds of lack of testamentary capacity, want of knowledge and approval, undue influence or fraud. In order to make this claim you would need to have benefitted from a previous will or under the intestacy rules.

You can only challenge someone’s will after they have died. This is because a will does not take effect until the testator has passed away. Wills are considered private documents, meaning that until probate is granted, you have no automatic right to see it unless you are the executor.

Court is usually considered a last resort in an a will dispute due to the costs and the risk associated with court proceedings. Most disputes can be settled between the parties before it reaches this stage, often by mediation. This involves both sides meeting with a mediator to negotiate and reach a  settlement. Mediation is preferred to court proceedings as it is faster, less stressful and a more cost-effective solution.

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