Disputing the validity of a Will
If you have concerns about the validity of a Will, you may be able to challenge it through a contested probate claim, it is important to act quickly. A Will can be challenged where there are issues such as lack of capacity, undue influence, or failure to comply with legal formalities. We provide clear, practical advice to help you understand your options.
Testamentary capacity
A Will may be invalid if the person making it did not have the required mental capacity at the time it was signed. There is a specific legal test for determining capacity and we will assess your claim against that test.
Undue influence
A Will can be challenged if the person was pressured or coerced into making it. Undue influence requires clear evidence that the Will does not reflect their true intentions.
Lack of knowledge and approval
If the person did not properly understand the contents or legal effect of the Will, its validity could be questioned. This issue often arises where the circumstances surrounding preparation or signing were unusual.
Failure to comply with legal formalities
For a Will to be valid, it must meet strict legal requirements for example, if it was not signed or witnessed correctly, it may be open to challenge.
Caveats
A caveat can prevent a Grant of Probate from being issued while concerns about a Will are investigated. We advise at an early stage whether lodging a caveat is appropriate and, where necessary, prepare and file the application on your behalf. Early action can be crucial in protecting your position.
Assessing the claim
Challenges to the validity of a Will are highly fact specific. We work closely with you to gather the full factual and evidential background. Once we have assessed the evidence, we provide clear advice on the strength of your claim or defence and the best route forward.
Alternative dispute resolution
Not every contested probate dispute needs to proceed to court. We advise on all available options and seek practical, proportionate settlements wherever possible.
Conducting your claim/defence
If proceedings are issued, we can represent you throughout the litigation process. We guide you through each stage and provide support during what can be a demanding period. Where appropriate, we work alongside experienced specialist barristers to present the strongest possible case.
Questions we're often asked
In theory, yes. However, the strength of a challenge depends on the specific facts.
Challenges are brought by interested parties including family members, individuals who considered or were told that they were included within a Will and have found they are not, or by individuals who have reason to believe another Will should have priority.
There is no strict statutory time limit. However, delay can significantly weaken a claim. If estate assets have already been distributed, recovery can become more complicated. The court may also criticise unjustified delay. It is therefore important to seek advice as soon as concerns arise.
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