How to contest a Will: Get honest, professional guidance before you claim. Your Contested Probate Solicitor that you will be introduced to work on a NO WIN, NO FEE basis.

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Get Expert advice on how to Contest a Will.

When the Deceased failed to honour promises under a Will

Only an ‘eligible person’ such as a child, spouse or dependant of the deceased is able to contest a Will. If you are able to agree with just one of the following statements then you may be eligible to make a claim:

  • You are the ‘next of kin’ or sole living relative (a child, person who was treated as a ‘child of the family’, spouse, former spouse, civil partner, former civil partner or blood relative), friend or acquaintance of the deceased
  • Prior to their death, you were a dependant of the deceased, or were treated as such
  • Prior to their death, you were a cohabitee of the deceased for at least 2 years
  • Prior to their death, you were in receipt of maintenance from the deceased immediately before their death
  • You are named as a beneficiary in the Will but have not received your entitlement
  • You have been named in any Will made by the deceased, even if it was not the last Will they completed
  • You were promised by the deceased that you would be a beneficiary in the Will but you were not
  • The deceased gave you money, bought you presents and/or paid for your lifestyle or upkeep (in part or in full) during their lifetime
  • Prior to their death, the deceased resided in England or Wales
  • Fewer than 6 months have passed since the Grant of Probate was issued
  • The deceased’s estate has a value exceeding £50,000
  • You have sufficient grounds for bringing a case (see below)
  • The deceased did not leave a Will and are you are a blood relative of theirs

Whilst this page is only relevant to situations whereby

a) the deceased was a resident of England or Wales and
b) the Will is subject to the jurisdiction of the English and Welsh courts, it is of no importance to us where you are located.

Of primary importance in knowing how to contest a Will is establishing whether or not there exist sufficient grounds for doing so. A selection of frequently contested grounds include:

  • A dependency (financial or otherwise) of a beneficiary upon the deceased is not reflected in the Will
  • It is suspected that the Will will be found to be legally invalid
  • A Will that you believe exists has been destroyed or is missing
  • Fraud is suspected to have taken place during the making of the Will
  • The deceased died without making a Will (Intestate)
  • You have received nothing or insufficient despite what you were promised
  • The deceased had a diminished mental capacity when the Will was written
  • There are moral issues that should be considered by the court
  • A ‘serial beneficiary’ is suspected of being named as a beneficiary in the Will
  • A ‘third party beneficiary’ such as a charity has been named as a beneficiary in the Will