Contentious Probate Solicitors Exeter

No Win No Fee & How to Make a Claim

If you are facing disagreements over a loved one’s will and live in Exeter, we partner with specialist contentious probate solicitors who cover your area and surrounds. Dealing with the death of a loved one is always challenging, and disputes over inheritance can make it even more stressful.

Contentious probate, sometimes referred to as probate disputes, occurs when there is a dispute regarding the validity of a will or the administration of a deceased person’s estate. These issues often arise when beneficiaries feel that they have not received what they are entitled to or suspect that the will does not reflect the deceased’s true intentions.

So if you looking to contest a will, get in touch with our team today to arrange a free consultation.

Common Grounds for Contentious Probate Claims

There are several legal grounds on which a will or estate distribution can be contested. Understanding these grounds can help you determine whether you have a valid claim:

Lack of Testamentary Capacity

A will can be challenged if the deceased did not have the mental capacity to make it. Under the law in England and Wales, the individual must understand the nature of making a will, the extent of their property, and the claims of potential beneficiaries. Evidence of dementia, mental illness, or confusion at the time of making the will can support a claim based on lack of testamentary capacity.

Undue Influence

A will may be contested if it was made under undue influence, coercion, or manipulation. This occurs when someone pressures or manipulates the testator to make decisions that benefit them unfairly. Proving undue influence can be complex, but patterns of control, isolation, or sudden changes in the will are often key indicators.

Fraud or Forgery

Claims can also arise if there is evidence that a will has been forged or tampered with. This includes situations where the deceased’s signature was falsified or documents were altered. Forensic evidence, expert analysis, and witness statements play a role in proving fraud.

Failure to Comply with Formalities

Under the Wills Act 1837, a will must meet specific formal requirements, including being in writing, signed by the testator, and witnessed by two independent witnesses. If these formalities are not followed, the will may be invalid, giving rise to a contentious probate claim.

Claims by Dependants or Family Members

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain family members and dependants to make a claim for reasonable financial provision if they believe the will does not adequately provide for them. This is often relevant for spouses, children, or other dependants who were left out of the will or received insufficient support.

How to Bring a Contentious Probate Claim in Exeter

If you believe you have grounds to challenge a will or contest an estate in Exeter, following the correct legal process is essential. Here are the main steps involved:

1. Seek Specialist Legal Advice

Contentious probate cases can be complex and emotionally charged. Consulting a solicitor specialising in probate disputes is your first step. They can assess the strength of your claim, explain potential outcomes, and guide you through the legal process.

2. Gather Evidence

Successful claims often rely on strong evidence. This may include:

• Medical records to demonstrate lack of capacity
• Witness statements
• Correspondence or notes indicating undue influence
• Original and draft versions of the will
• Financial records showing dependence or entitlement

3. Attempt Mediation or Negotiation

Many probate disputes can be resolved without going to court through mediation or negotiation. Solicitors may  often reach an agreement between parties, reducing legal costs and avoiding lengthy court proceedings.

4. File a Claim in Court

If negotiation fails, the next step is for your solicitor to issue proceedings in court. Your solicitor will draft a claim form and supporting evidence, explaining the grounds of the dispute.

5. Court Hearing and Resolution

During the court process, both sides present evidence and witnesses. The judge will consider the validity of the will, the behaviour of the parties, and relevant legal provisions before making a ruling.

Act Quickly

Contentious probate disputes can be emotionally and financially stressful. But understanding your legal rights and the grounds for a claim is the first step to securing a fair outcome. Whether your claim involves lack of testamentary capacity, undue influence, fraud, or dependent’s claims, consulting a specialised solicitor early can make a significant difference.

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

Contact Jefferies Claims today at 0330 818 0038 or complete our online contact form to arrange a free, initial telephone consultation.

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.