Contentious Probate Solicitors Bristol

When Can You Contest A Will?

If you are investigating how to contest a will and live in Bristol, we work with a partner panel of contentious probate solicitors who are highly experienced and cover your area. Contesting a will can be stressful and emotional as it often involves family dynamics. Contentious probate is the legal term for a dispute about a deceased person’s estate or will. Generally, these involve challenges to a will’s validity, disagreement between beneficiaries, or claims about how an executor is managing an estate.

If you believe a will to be unfair or invalid, getting advice from a contentious probate solicitor as early as possible can make all the difference. This is because such cases often involve complex law, as well as strained family relationships.

Our panel of contentious probate solicitors offer a range of fee structures, including ‘No Win, No Fee’ agreements along with other flexible funding – speak to our team today.

Legal Grounds for Contesting a Will

You can’t contest a will simply because you don’t like the outcome. You must have a valid legal reason. The most common grounds for contesting a will are:

Lack of Testamentary Capacity

The person making the will (the “testator”) must understand what a will is, the extent of their estate, and who might expect to benefit. If they suffered from dementia or another mental condition that affected their understanding, the will may be invalid.

Undue Influence or Pressure

If someone forced, pressured, or manipulated the testator into signing a will that didn’t reflect their true wishes, this is known as undue influence. It often arises when a vulnerable person is under the control of a carer, partner, or family member.

Lack of Knowledge and Approval

Even if the will was properly signed, it might still be invalid if the person didn’t truly understand or approve what they were signing, particularly if there are suspicious circumstances.

Forgery or Fraud

A will can be challenged if it was forged or tampered with. Signs of forgery may include fake signatures, missing pages, or altered clauses.

Failure to Meet Legal Formalities

For a will to be valid under the Wills Act 1837, it must be in writing, signed by the testator, and witnessed by two people who are present at the same time. Mistakes in this process could make the will invalid.

Lack of Reasonable Financial Provision

If you were financially dependent on the deceased and have been left out—or not provided for properly—you may be able to bring an Inheritance Act claim for reasonable financial provision. This applies to spouses, partners, children, and other dependants.

A specialist solicitor will review your situation, assess your evidence, and confirm whether you have strong grounds to contest.

Why You Should You Consult a Contentious Probate Solicitor?

1. Expertise in Complex Probate Law

The law around wills and estates is complicated and technical. A contentious probate solicitor specialises in this area and understands how to build a strong case. They can identify the best legal route, gather evidence, and make sure you meet all key deadlines.

Certain claims such as those under the Inheritance (Provision for Family and Dependants) Act 1975 must be brought within six months of probate being granted. Acting early with expert support ensures you don’t lose your right to claim.

A specialist solicitor will review your situation, assess your evidence, and confirm whether you have strong grounds to contest.

2. Protecting Your Position Early

Acting quickly can protect your rights. A solicitor may:

• Enter a caveat at the Probate Registry to temporarily stop probate being granted.
• Notify executors that you intend to contest the will.
• Secure key evidence, such as medical records or witness statements.

Delaying can make it harder to recover assets or gather proof, so it’s important to get legal help as soon as possible.

3. Handling Negotiations and Court Proceedings

Most will disputes are resolved through negotiation or mediation, not court. A contentious probate solicitor can manage discussions with the other side, seek fair settlements, and only take the matter to court if necessary.

Having an experienced contentious probate solicitor helps to strengthens your position and reduce emotional conflict between family members.

4. Reducing Stress and Managing Costs

Dealing with a probate dispute can be emotionally and financially draining. Your solicitor will take care of the legal paperwork, deadlines, and communication, allowing you to focus on family matters.

They can also explain potential costs, funding options (such as no-win-no-fee arrangements), and insurance to protect you against losing side costs.

Your First Steps to Starting a Contentious Probate Claim

If you think a will is unfair or invalid, here’s what to do next:

Step 1: Get Specialist Legal Advice

Contact our team to be connected to an expert contentious probate solicitor as soon as possible. They’ll listen to your situation, explain your rights, and confirm whether you have a valid claim. Early advice often saves time and money later.

Step 2: Gather Essential Documents

Collect or request:

• A copy of the will (and any earlier versions)
• The Grant of Probate or Letters of Administration
• Medical records if capacity is in question
• Any relevant correspondence or evidence of pressure or influence

Your solicitor can help you obtain these documents quickly and legally.

Step 3: Protect the Estate

If probate hasn’t been granted yet, your solicitor can enter a caveat to stop the estate being distributed until your dispute is resolved.

Step 4: Identify the Type of Claim

You may be bringing a:

• Validity challenge (disputing the will itself), or
• Financial provision claim under the Inheritance Act 1975.

Each follows a different legal process, and your solicitor will guide you through the right one.

Step 5: Explore Settlement Options

Many disputes settle outside of court. Your solicitor can negotiate, mediate, or prepare for a court claim if needed. Their primary goal is to achieve a fair and efficient resolution for you.

Contact Us Today

Contesting a will is a serious matter that requires specialist advice, so if you live in Bristol or surrounding areas, we can help you today.

Acting early gives you the best chance of securing a fair outcome and protecting your loved one’s true intentions.

📞 Call us at 0333 358 3034 for a free no-obligation chat or visit Jefferies Claims Contact Us Page.

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.