Contentious Probate Solicitors Portsmouth

Questioning the Validity of a Will?

If you are questioning the validity of a loved one’s will, and you live in Portsmouth, we partner with specialist contentious probate solicitors who cover your area. Many families face uncertainty when a will appears unfair, suspicious, or inconsistent with the deceased’s true intentions.

A contentious probate claim allows you to challenge a will through a legal process. Taking action early can protect your rights, preserve the estate, and help ensure that the final outcome is what your loved one genuinely wanted.

So, if you have concerns about a will, contact our team today for a free consultation.

When Should You Question the Validity of a Will?

Contentious probate involves a legal dispute over the administration of someone’s estate after they die and beneficiaries feel something is wrong. You may question a will’s validity if you notice any of the following issues:

1. Unexpected or Unexplained Changes

If the final will differs dramatically from what the deceased said during their lifetime, you may have grounds to investigate. Sudden alterations that benefit one person disproportionately often trigger a challenge.

2. Concerns About Mental Capacity

A valid will requires the testator to understand what they were signing. If they suffered from dementia, illness, or reduced mental capacity at the time, the will may not stand.

3. Suspicion of Undue Influence

If someone pressured or manipulated the testator into changing their will, the document can be invalidated. Signs include secrecy, isolation of the testator, or dependence on a single individual.

4. Incorrect Signing or Witnessing

A will must follow strict legal formalities. Errors in signing, witnessing, or drafting can make it invalid.

5. Fraud or Forgery

If you believe the will or signature is fake, probate law allows you to challenge it.

If your instincts tell you the will is somehow wrong, investigate. Many successful claims begin with a simple question: “Why doesn’t this look right?”

What Are the Grounds for Contesting a Will?

To bring a successful contentious probate claim, you must rely on legally recognised grounds. The most common include:

• Lack of Testamentary Capacity

You can challenge the will if the testator could not understand the nature of making a will, the extent of their estate, or the claims of potential beneficiaries.

• Lack of Due Execution

The will must be signed and witnessed properly. Any deviation from legal requirements can make the document invalid.

• Undue Influence

If the testator was coerced, manipulated, or pressured, the will reflects the influencer’s wishes, not the testator’s. This is a powerful ground for challenge.

• Lack of Knowledge and Approval

Even a correctly signed will fails if the testator did not fully understand or approve its contents.

• Fraud or Forgery

Any fraudulent act, including fake signatures or substituted pages, invalidates the will.

• Claims Under the Inheritance (Provision for Family and Dependants) Act

Even if the will is valid, you can claim for reasonable financial provision if you were financially dependent on the deceased.

What to Do Next: Step-by-Step Guide

If you think the will is invalid or unfair, act promptly. Probate can move quickly, and once assets are distributed, reversing decisions becomes more difficult. Follow these steps to protect your position:

1. Seek Immediate Legal Advice

Start by speaking to a solicitor who specialises in contentious probate. They can assess your concerns, check the will, and guide you through your legal options. Early advice may significantly strengthens your case.

2.Enter a Caveat

A caveat stops the executor from obtaining a grant of probate. This pause gives you time to investigate your concerns. You can enter a caveat quickly and cost-effectively, but you must do it correctly to avoid complications.

3. Gather Evidence

To challenge the will successfully, you need evidence. Collect:

• Medical records
• Statements from witnesses
• Earlier versions of the will
• Emails, letters, or messages showing coercion or confusion
• Proof of dependency or financial need

The stronger your evidence, the more likely your claim is to succeed.

4. Request a Copy of the Will and Probate Documents

You have a right to see the will once probate is granted. If probate has not yet been granted, your solicitor can help you request information or challenge the application.

5. Attempt Negotiation or Mediation

Many contentious probate disputes resolve through negotiation or mediation. You can avoid lengthy court battles, preserve relationships, and achieve a fair outcome more quickly.

6. Issue Court Proceedings If Necessary

If negotiations fail, litigation may be necessary. With expert support, you can pursue a formal challenge in court to protect your rights.

Why Act Quickly When Contesting a Will?

Time limits apply. Claims under the Inheritance Act usually require action within six months of the grant of probate. Other claims must also be made promptly to avoid the estate being distributed. Delays weaken your position and reduce your chances of success.

If something feels wrong, take action now – not months later.

How a Contentious Probate Solicitor Can Help

A specialist solicitor will:

• Assess the strength of your claim
• Advise you on the best legal grounds
• Enter a caveat to protect the estate
• Gather evidence and obtain expert reports
• Negotiate with executors and beneficiaries
• Represent you in mediation or court proceedings
• Guide you through every step with clear, practical advice

Talk to a Contentious Probate Expert Today

If you’re questioning the validity of a will, take action. Our panel of specialist solicitors can guide you through a well-planned contentious probate claim protects.

They 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 for a free, no-obligation consultation on 0330 818 0349. Alternatively, 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.