Pre-Claim Checklist: What To Do Before Contesting a Will

If you have been unfairly left out of a will or suspect a loved one’s estate is being mismanaged, before you start anything, here’s our pre-claim checklist: what to do before starting a will dispute.  Challenging a will can result from a variety of reasons. But it can be stressful as it involves time and cost, as well as family dynamics. However, taking early action with the right support and you can protect your rights and your loved one’s estate.

Contesting a will falls under contentious probate law and we partner with specialist contentious probate solicitors who are highly experienced in such cases. Contentious probate refers to any legal dispute which arises after a loved one passes away.

Our partner solicitors offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.

We offer an initial free consultation, so get in contact with our team today if you want to find out if you are able to challenge a will.

Step 1 – Confirm You Have the Right to Contest

Before you take action, check that you have legal standing. This includes:

✅ Spouse or civil partner
✅ Child (including adopted or treated as a child)
✅ Cohabitee or dependent
✅ Beneficiary named in a previous will
✅ Person who would inherit if there were no will (under intestacy rules)

If none of these apply, you may not be eligible to contest.

Step 2 – Check Grounds for Contesting

A will can only be challenged on legal grounds. Check the following:

Lack of testamentary capacity – testator didn’t understand what they were doing
Lack of knowledge or approval – testator didn’t know or approve contents
Undue influence – someone coerced or manipulated them
Improper execution – the will wasn’t signed or witnessed correctly
Fraud or forgery – will, signature or contents are fake
Mistake / drafting error – the will doesn’t reflect true intention
Financial provision claim – you were financially dependent but left out or under-provided for

Step 3 – Understand Time Limits

Act fast — deadlines vary depending on your type of claim.

• Inheritance Act claims: 6 months from the grant of probate date.
• Validity challenges: No fixed limit, but delay makes success less likely.
• Fraud or forgery: No statutory limit, but prompt action is vital.

⚠️ Tip: Enter a caveat (Step 5) if probate hasn’t been granted to stop estate distribution.

Step 4 – Gather Key Evidence

The strength of your case depends on proof. Collect the following:

• Medical records (for capacity concerns)
• Drafts or copies of earlier wills
• Witness statements (those present when the will was signed)
• Emails, letters or texts showing pressure or influence
• Financial records showing dependency or promises made
• Notes from solicitors who prepared the will

Store everything securely and share copies with your solicitor.

Step 5 – Check Probate Status & Lodge a Caveat (If Needed)

Use the Government’s probate search tool to see if probate has been issued.

• If not issued, your solicitor can file a caveat to pause probate for 6 months (this may be extended).
• If issued, discuss immediate options with your solicitor.

Step 6 – Instruct a Contentious Probate Solicitor

Consult with a specialist solicitor who regularly handles will disputes or contentious probate.
Ask about:

• Experience in similar claims
• Time limits relevant to your situation
• Likelihood of success
• Estimated costs and funding options (no-win-no-fee, deferred fees, or insurance)

Step 7 – Send a Letter of Claim

Your solicitor will write to the executors or beneficiaries outlining your claim.
This starts the process, such as early disclosure of key documents (such as the will, medical notes and solicitor’s file).

✔️ Purpose: open negotiation, prevent premature distribution, and show you’re serious about resolution.

Step 8 – Attempt Mediation or Settlement

Many probate disputes settle without going to court and this is encouraged by the court. Your solicitor can help with this and mediation can:

• Save thousands in legal costs
• Keep family relationships intact
• Reach a quicker, private resolution

Ask your solicitor if a probate mediation service is appropriate.

Step 9 – Issue Court Proceedings (If Necessary)

If talks fail, your solicitor may file a claim in court. They will ensure all deadlines are met and be prepared for disclosure, witness statements, and potential trial.

Step 10 – Understand the Costs & Risks

Contesting a will can be expensive, so it’s advisable to always discuss potential outcomes in advance with your solicitor.

• If you win, the estate may pay your costs.
• If you lose, you may pay some or all of the other side’s costs.
• Some solicitors offer conditional fee agreements (CFAs) or after-the-event (ATE) insurance.

Step 11 – Stay Organised & Communicate

Keep a dedicated folder (digital or physical) which should contain:

• Copies of the will and probate papers
• Correspondence with your solicitor
• Deadlines, court documents, and mediation notes
• A diary of key dates and actions taken

Regularly update your solicitor with new information.

Step 12 – Review & Reflect

Even after resolution, consider:

• Reviewing your own will (to avoid future disputes)
• Updating family records and next-of-kin details
• Making peace where possible, as probate battles are emotionally draining and may often affect family members.

Contact our Team 

Navigating the law around wills is complex and any disputes can cause emotional and financial stress, often during a grieving period. However, it is vital to take action as quickly as possible due to strict time limits and to obtain evidence before it is lost or mislaid.

 So, if you’re dealing with a deceased relative’s estate and need some help today, get in touch with us now on 0330 818 0351 or complete our online contact form.