1
Contact or call for free on 0333 358 3034
2
Talk through the details of your claim. Just so you know, we're FCA regulated.
3
Find out if you could claim & speak to a real person.
4
Secure the compensation you deserve
Contentious Probate Solicitors Brighton
Why You Should Act Quickly To Contest a Will
If you have concerns about a loved one’s will and live in Brighton or surrounding areas, we partner with specialist contentious probate solicitors who cover your area and who can help. Contentious probate is becoming increasingly common, including in the Brighton & Hove area. This is due to family structures growing more complex and estates becoming more valuable. When someone dies, disagreements can easily arise about how their estate should be divided, who should inherit, or whether the will reflects the person’s true intentions.
Therefore, if you believe a will is invalid, unfair, or the result of undue influence, you may have legal grounds to contest it. However, one of the most important things to understand is that time is not on your side. Acting quickly is crucial as some claims have strict time limits, while relevant evidence may be lost or go missing over time.
So, if you want to contest a will, take the first step and contact our team today for a free consultation to have your case assessed.
What Is Contentious Probate?
Contentious probate refers to disputes related to the administration of a deceased person’s estate. This may include disagreements about:
- The validity of a will
- How executors are carrying out their duties
- Claims from individuals who believe they should have been provided for
- Allegations of fraud, coercion, or lack of mental capacity
- Issues relating to the interpretation of a will
These disputes generally arise between family members, beneficiaries, executors, or individuals who were financially dependent on the deceased.
Contentious probate is a specialist area of law, and getting the process right from the start can make a substantial difference to the outcome.
Why People Contest Wills
People challenge wills for several reasons, but the most common grounds typically include:
- Lack of Testamentary Capacity
To create a valid will, the person must understand what they are doing, the extent of their estate, and the consequences of their decisions. If the person suffered from dementia, mental illness, or cognitive decline, their capacity may be questioned.
- Undue Influence or Coercion
If someone pressured or manipulated the testator into making or changing their will, the will may be legally invalid.
- Lack of Proper Formalities
The law requires a will to meet strict signing and witnessing requirements. If these rules aren’t followed, the will can be declared invalid.
- Fraud or Forgery
If a will has been tampered with or forged, it can be challenged.
- Inheritance Act Claims
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can claim financial provision if the will fails to provide reasonable support.
Each of these grounds carries its own legal tests and evidential requirements, which is why acting quickly is so important.
Why You Need to Act Quickly When Contesting a Will
Many people hesitate before taking legal action, especially during an already emotional time. However, delaying can significantly damage your chances of success. Here are the key reasons why you need to act quickly.
Strict Time Limits Apply
One of the strongest reasons to act fast is that contentious probate claims are subject to different limitation periods. Some of these deadlines are extremely short.
- Claims under the Inheritance Act 1975 must be issued within six months of the grant of probate.
- Challenges to the validity of the will should ideally be made before probate is granted.
- Claims for rectification of a will have a six-month deadline from the date probate is issued.
Missing a deadline can prevent you from bringing your claim altogether, leaving you with no legal recourse. Acting early ensures your solicitor has time to gather evidence, assess your case and file the appropriate claim.
Once Probate Is Granted, the Estate May Be Distributed
Executors can start distributing the estate shortly after the grant of probate. If you wait too long, assets may be sold or transferred, making it far more complicated to unwind the distribution.
Although courts can sometimes order assets to be returned, doing so costs time, money and emotional energy. By acting quickly, ideally before probate is issued, you can ask your solicitor to enter a caveat, which temporarily prevents probate and gives you time to investigate your claim.
Evidence Can Disappear Over Time
Contentious probate claims rely heavily on clear and convincing evidence. This may include medical records, witness statements, correspondence, financial documents or solicitor files.
The longer you wait, the harder it becomes to secure this evidence. Memories fade, paperwork is misplaced and important witnesses may become unavailable. Early action allows your solicitor to preserve evidence before it deteriorates or disappears.
Executors May Continue Administering the Estate
If you challenge a will after probate has begun, executors may already be carrying out their duties, paying debts and distributing assets. This can complicate your claim and potentially reduce the amount you ultimately receive.
By acting quickly, you increase the chances of stopping or pausing the administration process before too much has happened.
Early Legal Advice Strengthens Your Position
Contentious probate cases tend to be legally complex and often, stressful. Acting quickly gives you time to:
- Understand your rights
- Assess the strength of your claim
- Build a solid case supported by evidence
- Explore negotiation or mediation
- Prevent unnecessary costs and conflicts
Early advice often leads to earlier resolution, which can reduce stress and prevent the dispute from escalating.
How to Start the Process if You Want to Contest a Will
If you suspect a will is invalid or unfair, here are the essential steps:
- Speak to a Specialist Contentious Probate Solicitor
This is not an area of law to tackle alone. A specialist can quickly assess your case, advise on time limits and explain the best course of action.
- Enter a Caveat (If Appropriate)
A caveat can stop probate being granted for six months and give you time to investigate your claim. It is easy to enter but should be used carefully and with legal advice. You can check if probate has been granted.
- Gather Early Evidence
Your solicitor will help you collect medical records, witness statements and other key documents to support your challenge.
- Explore Negotiation or Mediation
Many contentious probate cases settle out of court. Acting early increases the chances of reaching a cost-effective agreement.
Don’t Delay – Contact Our Team
Contentious probate is a time-sensitive and evidence-driven process. If you live in Brighton & Hove or nearby areas and believe a will is invalid or unfair – swift action is essential. By seeking specialist legal advice at the earliest opportunity, you give yourself the strongest possible position to challenge the will and secure the inheritance you are entitled to.
Our panel of contentious probate solicitors offer a range of fee structures, including ‘No Win, No Fee’ agreements, along with other flexible funding.
Contact us today on 0333 358 3034 or complete our online contact form and we will call you back.
Written by Tanya Waterworth, Digital Content Writer
About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.