Contentious Probate Solicitors Cambridge

What You Need to Know About Contesting a Will

 If you live in Cambridge or nearby and you’ve found yourself unexpectedly left out of a will or feel something isn’t quite right with the handling of an estate, you may want to challenge the will. This is known as contentious probate and essentially refers to legal disputes over the administration of someone’s estate after they die.

Disputes arise when there’s a disagreement about a will or how the estate is being distributed. These may range from a straightforward grievance, such as being left out of a will to more complicated matters such as forgery or undue influence or coercion.

So, if you suspect a will isn’t valid, we partner with specialist contentious probate solicitors who cover Cambridge and surrounding areas. To find out if you have a case, you can call our team to arrange a free consultation.

How to Contest a Will

Challenging a will involves several steps, so here is a simple breakdown:

1. Confirm your standing

You must first check if you have the legal right to bring a claim, which may include:

• A spouse or civil partner of the deceased
• A child (including adult children) or someone treated as a child
• Someone who was financially dependent on the deceased
• Someone who expected to benefit from the estate (or was promised something) but did not.

2. Grounds for claiming

Common grounds for contesting a will can involve:

• Lack of testamentary capacity – the person was not of sound mind when making the will.
• Lack of due execution – for example the will wasn’t signed or witnessed according to legal requirements.
• Lack of knowledge and approval – the deceased didn’t understand or approve the contents of the will.
• Undue influence or duress – this means the deceased was pressured into making the will.
• Fraud or forgery – for example the signature was faked, or parts of the will altered.
• Failure to provide reasonable financial provision under the Inheritance (Provision for Family & Dependants) Act 1975 for eligible claimants.

3. Act within the time-limits

If you delay, your chances of success may diminish, and costs may rise. For example:

• There is no strict overall time-limit for challenging a will, but for a claim under the Inheritance Act you generally must act within six months of the grant of probate.
• Some types of claims may have more flexibility, but waiting typically means gathering evidence is more difficult.

4. Gather evidence

It is vital to obtain as much evidence as possible. Evidence may include medical records (for capacity issues), witness statements (for undue influence), the will’s execution documents, and any correspondence showing promises made before death.

5. Seek specialist legal advice

Because of the complexities in procedure, costs, evidence and court rules, the guidance of a specialist contentious probate solicitor is highly recommended.

6. Consider negotiation or mediation

Not all cases need to go to court and your solicitor can negotiate on your behalf. Some situations can be resolved by discussion or mediation, which can save time, cost and emotional distress.

7. Court action

If a resolution cannot be reached, legal proceedings may follow. The court will examine the evidence, decide on the validity of the will, and determine the appropriate distribution of the estate.

Key Signs to Watch For: When Can You Contest a Will?

It’s helpful to recognise red flags that suggest you may be able to challenge a will or estate. If you notice one or more of the following, you may want to investigate further:

• You were excluded or left with a significantly smaller share than you reasonably expected, given your relationship with the deceased.
• A sudden or unexpected change in the will especially late in life, after illness or after changes in family circumstances. This may include remarriage, a new partner or children from previous relationships.
• There are question marks over the deceased’s mental capacity at the time the will was made e.g., suffering from dementia, confusion, illness, or under strong medication.
• The will was executed under suspicious circumstances such as the same person drafting and witnessing the will, or no independent legal advice.
• There’s evidence of pressure or influence from someone close to the deceased. This generally involves emotional dependence, coercion, isolation of the deceased, major gifts to a new partner or carer.
• Formalities not followed which may include the will not being signed properly, or the required witnesses are absent or related to the beneficiary.
• Discrepancies or missing documents if the original cannot be found, multiple versions exist, or the legacy differs substantially from a previous draft or promise.
• Executors are unusually secretive or delay administering the estate, especially if this hampers your ability to see what is happening.
• Someone is challenging the will already or threatens to as this can be a sign that proceedings may be underway and you should act quickly.
• Life circumstances show the will may not reflect the deceased’s “normal” pattern of giving, for example, long-standing friendships or dependants omitted.

Why Time and Action Matter

Several important facts as to why you need to act quickly:

• The longer you wait after probate is granted, the harder it can be to retrieve assets or challenge distributions.
• Once beneficiaries have received and spent the assets, reclaiming them becomes much more complex and costly.
• Legal costs may escalate quickly if the dispute goes to court. Early negotiation and mediation often keeps costs manageable.

Practical Tips When Contesting A Will

If you are considering contesting a will or believe a deceased person’s estate is not being handled correctly, here are some practical tips to follow:

• Seek advice early: The sooner you talk with a specialist probate solicitor , the more evidence you can gather which makes a crucial difference to your case.
• Keep calm and document everything: Emotional stress is typically high in probate disputes. However, your solicitor can help you to obtain clear information, correspondence, medical records and witness statements.
• Explore mediation: Before heading straight to court, find out whether a mediated settlement is possible. This is vital as it helps to family relationships and reduce cost.
• Be realistic about outcomes: Even if you successfully challenge a will, there’s no guarantee you’ll receive what you expect. It will depend on the court’s orders and the most recent valid will.
• Consider the cost vs benefit: Sometimes disputes are small in value but large in cost. Make sure the legal expense is going to be worth the return.
• Keep in mind executors’ duties: If you’re a beneficiary and feel the executor is delaying or acting improperly, you may have grounds to challenge their conduct too.

Contact Our Team Now

If you live in Cambridge and suspect something is wrong with a will or the administration of an estate, don’t delay, contact us for experienced legal advice.

Our partner panel of contentious probate solicitors offer a range of fee structures, including ‘No Win, No Fee’ agreements along with other flexible funding.

📞 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.

This article provides general information and does not constitute legal advice.