Contentious Probate Solicitors Leicester

When and How to Dispute A Will

If you live in Leicester or the surrounding area and have concerns about a loved one’s will, we partner with specialist contentious probate solicitors who can help. Essentially, contentious probate is when someone challenges the validity of a will. These cases are increasing due to blended families with changes in family structure, as well as estates growing in value.

If you believe a loved one’s will does not reflect their true intentions, or the estate is being handled unfairly, you have the right to take action and dispute a will to protect your interests.

If you want to contest a will, contact our team for a free consultation.

When Can You Dispute a Will?

Challenging a will can be stressful and emotional, especially as it tends to occur during a bereavement period. You can dispute a will if you have valid grounds. Not every disagreement qualifies as a legal challenge, so understanding your rights early can save time, money, and stress. Acting quickly is vital because strict time limits apply to most contentious probate claims. Here are some examples of when you can contest a will:

1. Lack of Testamentary Capacity

A person making a will must understand what they are doing. You can challenge a will if you believe the testator lacked mental capacity due to illness, dementia, medication, or cognitive decline. Medical records, witness statements, and solicitor notes often support these claims.

2. Undue Influence

If someone pressured, manipulated, or coerced the testator into changing their will, the will may be invalid. Undue influence can involve emotional manipulation, isolation, threats, or financial control. Because influence often happens behind closed doors, these cases rely heavily on patterns of behaviour, witness evidence, and circumstantial proof.

3. Lack of Proper Execution

A will must meet strict legal requirements to be valid. It must be in writing, signed by the testator, and witnessed by two independent witnesses. If these rules were not followed, you can contest the will on the grounds of improper execution.

4. Fraud or Forgery

If you suspect the signature on the will is forged or someone altered pages of the document, you can challenge the will as fraudulent. Handwriting experts, digital analysis, and witness evidence often strengthen these claims.

5. Missing Provision Under the Inheritance (Provision for Family and Dependants) Act 1975

Even if a will is technically valid, it may still fail to provide reasonable financial support to certain dependants. Eligible claimants include:

• Spouses and civil partners
• Former spouses (in some cases)
• Children
• Anyone treated as a child of the family
• Financial dependants

These claims under the Inheritance Act must be made within six months of the Grant of Probate, so early legal advice is vital.

6. Construction and Rectification Claims

If the wording of the will is unclear or contains mistakes, you can challenge it to seek clarification or correction. These claims focus on interpreting the testator’s true intentions rather than disputing their mental capacity or the will’s validity.

How to Dispute a Will – A Step-by-Step Guide

While each case is unique, the steps below outline the typical route for resolving contentious probate matters:

Step 1: Seek Legal Advice Immediately

Deadlines in contentious probate can be short, and evidence can disappear quickly. Speaking with a specialist solicitor helps you understand whether you have a strong claim, what your chances of success are, and what it will cost.

Step 2: Enter a Caveat (If Appropriate)

If you want to stop executors from obtaining a Grant of Probate, you can enter a caveat at the Probate Registry. This temporary block prevents the estate from being distributed while the dispute is investigated. A caveat usually lasts six months but can be renewed. It’s often applied in cases involving validity challenges.

Step 3: Gather Evidence

Strong evidence is the foundation of a successful will dispute. Your solicitor may request:

• Medical records
• Emails, letters, or text messages
• Witness statements
• Solicitor’s notes from when the will was drafted
• Financial records
• Expert reports (for example, handwriting analysis)

The aim is to build a clear, factual case that supports your claim.

Step 4: Attempt Negotiation or Mediation

Most contentious probate disputes settle without going to court. Mediation allows everyone involved to discuss the issues with the help of an independent mediator. It is faster, more cost-effective, and less stressful than litigation. Courts frequently encourage mediation because it helps families resolve disagreements with dignity and privacy.

Step 5: Issue Court Proceedings (If Necessary)

If negotiation fails, your solicitor may recommend issuing proceedings in court. The court will review the evidence, hear arguments from both sides, and make a legally binding decision. While litigation can take time, it offers a clear resolution when disputes become complex or hostile.

How Long Does It Take to Dispute a Will?

The timeline varies. Simple cases settle within a few months, while complex disputes may take a year or longer. This is especially those involving fraud, undue influence, or multiple beneficiaries Early action and strong evidence can significantly shorten the process.

Why Act Quickly?

Acting promptly protects your legal rights and increases your chances of success. Time limits apply to many types of claims, and delaying may prevent you from disputing the will at all. Executors can also distribute an estate quickly, making it harder to recover misallocated assets if you wait too long.

Need Expert Help Contesting a Will

If you believe a will does not reflect your loved one’s true wishes—or if the estate is being mismanaged, we can connect you to our panel of highly experienced contentious probate solicitors who cover the Leicester area. A specialist contentious probate solicitor can assess your case, guide you through your options, and protect your interests from start to finish.

Our partner panel 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.

📞 Call us at 0333 358 3034 for a free no-obligation chat or visit our 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.