Contentious Probate Solicitors Cardiff

Disputing a Will

If you live in Cardiff or surrounding areas and want to dispute a will, we work with a partner panel of solicitors who are specialists in contentious probate. Whether you are a beneficiary who feels unfairly treated, an executor who is under threat, or someone who believes you should have been included in a will, understanding your options is crucial.

So, if you want to contest a will, take the first step and contact our team today.

Common Questions About A Will

When someone dies, their estate must be administered in accordance with their will (if one exists) or under the rules of intestacy (if there is no valid will). However, if there are questions about the will, disputes can arise among families. Therefore, a contentious probate claim may include:

• Challenges to how the will was drafted or executed.
• Claims that the will does not fairly provide for someone who should have been provided for.
• Disputes between executors, trustees and beneficiaries regarding their duties and the administration of the estate or trusts.
• Issues under the Inheritance Act 1975 which is when dependants or family members claim they have not been adequately provided for.

Why Disputes Arise

Will disputes typically arise from a combination of human relationships, complex family dynamics and legal technicalities. Reasons behind a challenge to a will may include:

1.Changing family structures — remarriages, stepchildren, blended families, and cohabiting partners

2. Mental capacity, illness or influence — for example, when the testator may have been suffering from dementia, undue influence, or lacked understanding of the will they were making.

3. Exclusion or inadequate provision — someone might feel they have been unfairly left out or provided for inadequately and may decide to make a claim under the Inheritance Act.

4. Executor or trustee misconduct — disputes can also arise when executors are suspected to be acting improperly, delaying or mismanaging matters, or simply failing to inform beneficiaries.

5. Ambiguous wills, missing assets or gifts before death — this can lead to arguments about what the testator intended and whether assets were properly included or excluded.

All of these factors make contentious probate a legally complex area of law

Legal Grounds for Challenge

If you are considering making a challenge, or defending against one, you need to be aware of the main legal grounds:

Validity of a Will

A will may be challenged if:

• The testator lacked capacity (did not understand the nature of the act or its consequences).
• There was undue influence, coercion or pressure on the testator.
• The testator did not know and approve the contents of the will.
• The will was not properly executed (signed and witnessed in accordance with the Wills Act 1837).
• Fraud or forgery or some other misconduct occurred.

Inadequate Provision under the Inheritance Act

Where the will (or the rules of intestacy) leave someone without reasonable provision, a claim may be made under the Inheritance Act. The claimant must have a recognised relationship to the deceased (for example spouse, civil partner, child, someone treated as a child, or someone maintained by the deceased).

Executor/Trustee Disputes

Disputes also arise when executors fail in their duties, delay administration or act in a self-interested way. The court has power to remove executors or trustees in appropriate cases.

Time Limits

Timing is vital in contentious probate claims, and you must act promptly.

• If you are making a claim under the Inheritance Act, court proceedings must ordinarily be issued within six months of the grant of representation (i.e. probate or letters of administration).
• For validity challenges, there is no fixed statutory deadline, but delay may hamper the challenging of a will.
• Before going to court, parties should attempt mediation or negotiation to save time and costs.

Resolving Disputes – Practical Steps

When you face a contentious probate issue, here are practical steps for you to follow:

• Seek specialist legal advice. This area is highly specialised and it’s advisable to seek legal advice from contentious probate solicitors.
• Gather evidence early. This might include medical records, correspondence, witness statements, bank statements or draft wills. Evidence may be lost or misplaced over time.
• Consider mediation. Court is expensive and emotionally draining and early negotiation and settlement is often preferable.
• Check who pays the costs. Every case is different. Usually each side pays their own costs initially; if a case succeeds the court may order costs against the losing party. In some instances the estate may bear the costs.
• Act promptly. Missing time limits or delaying too long may impact your ability to claim.

Why Quick, Expert Action Matters

Contentious probate disputes are not only legally technical, but they are also emotionally charged. Families are grieving, and relationships may become strained. The longer disputes drag on, the greater the costs, both financial and for relationships.

If you are trying to deal with a contentious probate matter after the loss of a loved one, our partner contentious probate solicitors can help you in a confidential and professional manner.

We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

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.