Contentious Probate Solicitors Liverpool

Expert Legal Help for Will Disputes

If you are involved in a dispute over a Will and live in Liverpool or surrounding areas, we partner with experienced contentious probate solicitors who can help. They specialise in Will challenges, such as validity or undue influence, Inheritance Act claims and executor disputes.

It can be a stressful time for families dealing with the emotional and financial complexities of a loved one passing away. So, a dispute over a Will added into the mix may be overwhelming.

Our panel of probate lawyers can handle the difficult task of resolving these issues, so get in touch with our team today for your next step.

Common Types of Probate Disputes

Contentious probate occurs when disputes arise over a deceased person’s estate. These disputes may involve:

1. Challenging a Will

You can challenge a Will if:

• The deceased lacked mental capacity
• There was undue influence or coercion
• The Will was forged or fraudulent
• Legal formalities were not followed

2. Inheritance Act Claims

Eligible claimants can request fair financial provision if they were excluded from the Will under the Inheritance Act 1975. This includes:

• Spouses or civil partners
• Children (including adult children)
• Dependants financially reliant on the deceased

3. Executor and Trustee Disputes

Disputes often arise over estate management, such as:

• Mismanagement of assets
• Conflicts of interest
• Breaches of fiduciary duty

How to Start a Contentious Probate Claim if You Live in Liverpool

1. Seek Legal Advice Early – Contact us to arrange a consultation with an expert probate solicitor specialising in probate disputes to assess your case.
2. Gather Evidence – Collect the Will, medical records, correspondence, financial documents, and witness statements. Your solicitor can help you with gathering evidence.
3. Pre-Action Negotiation – Your solicitor will enter into negotiation or mediation before court proceedings.
4. Issue Court Proceedings – If unresolved, your solicitor files a claim in High or County Court.
5. Enforce the Judgment – Ensure proper execution of court decisions, including asset distribution.

Why Choose Our Panel of Contentious Probate Solicitors Liverpool?

• Experience: Specialists in contested Wills and probate disputes
• Proven Track Record: Successful claim settlements and litigation
• Clear Communication: Legal guidance in simple, clear terms
• Transparent Fees: Fixed or hourly rates discussed upfront

What Are the Legal Formalities for a Valid Will?

The Will Must Be in Writing

A valid Will must be in writing — either handwritten, typed, or printed.

• Verbal (oral) Wills are not valid in most circumstances, except in very limited cases (such as soldiers on active duty).

The Will Must Be Signed by the Testator

The person making the Will (the testator) must sign it personally, or have someone else sign it in their presence and at their direction.

• The signature shows that the testator intended to give effect to the Will.
• The signature must be placed at the end of the document — not in the middle or margins.

The Testator Must Have Testamentary Capacity

The person making the Will must:

• Understand what a Will is and what it does.
• Know the extent of their property and assets.
• Be aware of who might reasonably expect to benefit from their estate (such as family or dependants).
• Not be suffering from a mental disorder that affects their decisions.

If any of these conditions are in doubt (for example, due to dementia or illness), it can lead to a Will being challenged later.

The Will Must Be Signed in the Presence of Two Witnesses

Two witnesses must:

• Be present at the same time when the testator signs the Will.
• Each witness must sign the Will in the testator’s presence.

These witnesses confirm that the Will was properly executed and that the testator appeared to act voluntarily.

Witnesses Must Be Independent

• Witnesses should not be beneficiaries under the Will (or married to a beneficiary).
• If a beneficiary witnesses the Will, they lose their inheritance, although the Will itself remains valid.

The Testator Must Intend the Document to Be a Will

The person signing must intend the document to serve as their final Will — not just notes or a draft.

Common Errors That Can Breach Legal Formalities

A Will might be invalid if:

• Only one witness signed it.
• The witnesses signed later and not in the testator’s presence.
• The testator’s signature is missing or unclear.
• The Will was not dated properly.
• There’s doubt the testator understood or approved the contents.

Why These Formalities Matter

Following these formalities ensures that:

• The Will truly reflects the deceased’s intentions.
• Fraud, coercion, or mistakes are avoided.
• The document can stand up to legal scrutiny in probate court.

Contact Us – Start Your Contentious Probate Claim

If this has happened to you, we partner with probate lawyers who are highly experienced in Contentious Probate claims and who can help resolve any dispute you may be struggling with.

📞 Contact us today on 0333 358 3034. Alternatively, complete our online contact form to arrange a free, no-obligation consultation.

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.

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.