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Contentious Probate Solicitors Leeds
Everything You Need to Know about Contesting a Will
If you live in Leeds and are dealing with a Will you believe may be invalid or that you’ve been excluded, we partner with highly experienced contentious probate solicitors who cover your region. Contentious probate claims are rising, driven by complex family dynamics, second marriages, and increasing estate values.
Our panel of contentious probate solicitors offer a range of fee structures, including ‘No Win, No Fee’ for certain cases, along with other flexible funding.
Contact our team to arrange a free consultation.
What are Contentious Probate Disputes?
Contentious probate refers to disputes over the administration of a deceased person’s estate. These claims often arise when someone contests the validity of a will or believes they’ve not been adequately provided for. This may include:
- Allegations of undue influence or fraud
- Lack of mental capacity when the will was made
- Improper execution of the will
- Disputes over inheritance under the Inheritance Act 1975
Who Can Challenge a Will?
Not everyone can contest a will. The law restricts challenges to specific individuals with a legitimate interest in the estate. Therefore, you may be eligible if you are:
- A spouse or civil partner of the deceased
- A former spouse or civil partner (if not remarried)
- A child or stepchild of the deceased
- Someone financially dependent on the deceased
- A cohabiting partner who lived with the deceased for at least two years
- An executor or beneficiary named in a previous will
If you fall into one of these categories, you may challenge the will based on either validity or reasonable financial provision.
Legal Grounds for Contesting a Will
To file a contentious probate claim, you must have legal grounds. The most common include:
- Lack of Testamentary Capacity
The deceased must have understood the nature and consequences of making a will. If they suffered from dementia or another mental illness, the will may be invalid.
- Undue Influence
If someone pressured or manipulated the deceased into changing their will, it can be challenged. This often involves coercion by a caregiver or family member.
- Fraud or Forgery
If the will was forged or signed under false pretences, it can be declared invalid.
- Improper Execution
A valid will must be signed by the testator in the presence of two witnesses. Any deviation from this process can render the will void.
- Lack of Knowledge and Approval
The testator must have known and approved the contents of the will. If they were misled or unaware of changes, the will may be contested.
- Claims Under the Inheritance Act
Even if the will is valid, you can claim reasonable financial provision if you were financially dependent on the deceased.
How to Start a Contentious Probate Claim
Starting a claim involves several legal steps. Acting quickly is essential, as time limits apply.
Step 1: Seek Legal Advice
Consult a solicitor who specialises in contentious probate. They’ll assess your eligibility, the strength of your claim, and advise on next steps.
Step 2: Gather Evidence
Collect medical records, witness statements, financial documents, and previous versions of the will. Strong evidence is key to proving undue influence, lack of capacity, or dependency.
Step 3: Attempt Mediation
Many probate disputes are resolved through mediation. It’s faster, less costly, and less adversarial than court proceedings. Courts often encourage mediation before litigation.
Step 4: Issue Court Proceedings
If mediation fails, your solicitor can draft a claim form and particulars of claim. The court will then set a timetable for hearings and disclosure.
Costs and Funding Options
Contentious probate claims can be expensive. Costs include solicitor fees, court fees, and expert reports. However, funding options are available:
- No-win, no-fee agreements
- Legal expenses insurance
- Third-party litigation funding
In some cases, the losing party may be ordered to pay the winner’s costs. Courts also consider whether parties acted reasonably during mediation.
✅ Tips for a Successful Claim
To improve your chances of success:
- Act quickly and contact a specialist probate lawyer
- Choose a solicitor with contentious probate expertise
- Focus on gathering strong, relevant evidence
- Be open to mediation to avoid costly litigation
Contact Us
Filing a contentious probate claim requires swift action and strong evidence. Whether you’re challenging a will’s validity or seeking financial provision, understanding your rights and the process is essential.
Our expert team of partner law firms cover Leeds and the surrounding areas and can help you to resolve your dispute during this difficult time.
📞 Call us at 0333 358 3034 or visit Jefferies Claims Contact Us Page for your free 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.