Contentious Probate Solicitors Reading

Easy Guide to Contesting a Will

When a loved one passes away and there’s a dispute over the will, we partner with a panel of specialist contentious probate solicitors who cover Reading and surrounds who can help. They can provide clear guidance on your options. Issues with wills and inheritance may include questions over the validity of a will, how assets are distributed or even how executors are acting. Or a will is being challenged where you are the executor and you need advice.

If you want to ensure a fair outcome of a loved one’s will, it’s critical to understand when you can contest a will.

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.

For a free, initial consultation, contact our team now.

When can you contest a will?

You may have grounds to challenge a will if:

• You believe the person who died lacked the mental capacity to make or approve the document (for example, due to illness or dementia).
• You suspect undue influence, coercion or manipulation led to the will being changed or drafted contrary to the deceased’s genuine wishes.
• The will was executed incorrectly or without proper formalities, raising questions of validity.
• You feel you’ve been unfairly excluded or inadequately provided for under the will or under the intestacy rules.
• You believe there’s an earlier valid will that has been overlooked or a later one that negates the one being used.

It’s important to remember that simply feeling a will is “unfair” doesn’t automatically mean you’ll have a strong claim. It is important to know that legal grounds and evidence are key.

Why act quickly?

Time is of the essence in these matters. While the exact deadlines vary depending on the nature of the claim:

• Under the Inheritance (Provision for Family and Dependants) Act 1975 for someone who was financially dependent on the deceased), you usually must act within six months of the grant of probate.
• Even if the deadline seems flexible for other types of challenges, the longer you wait the harder it often becomes to gather evidence, track assets or prevent the estate from being distributed.

Delaying your action can reduce your chances of success and increase the cost and stress.

What to do first: your step-by-step easy guide

1. Arrange early legal advice

It’s important to seek support from a solicitor who specialises in contentious probate as eary as possible. These cases involve complex rules and time-sensitive steps.

2. Gather your information

You’ll need certain details early on: copy of the will (and any earlier versions if known) and details of the estate (assets, property, liabilities). You will also need to find out who the executors are, and the circumstances around the will’s execution.

3. Evaluate your standing and grounds

Are you a beneficiary, an heir under intestacy, or a person who can challenge the estate under the Act?
Do you have valid grounds (capacity, undue influence, improper execution, etc.)? Review these facts with your solicitor.

4. Consider placing a caveat (if probate not yet granted)

If probate hasn’t been granted, your solicitor may advise lodging a caveat with the Probate Registry. This prevents distribution of the estate before your concerns are addressed.

5. Explore early resolution and mediation

Going to court is expensive and emotionally stressful. Our panel of expert solicitors  would typically offer negotiation or mediation routes to settle the dispute before full court proceedings.

6. Prepare for court if needed

If settlement fails, your solicitor will advise on issuing a claim, assembling strong evidence (medical records, witness statements, execution formalities) and managing costs.

Why choose specialist help?

Disputes over wills may be deeply emotional, putting strain on families and relationships, as well as being legally complex.  A specialist solicitor in contentious probate will:

• Interpret and apply the relevant law and procedure with precision.
• Identify the most appropriate route (mediation versus court) guided by your case’s strengths and your objectives.
• Help you understand cost risks, evidence requirements, and realistic outcomes.

How to get started today

If you believe a will may be invalid or unfairly leaves you out, you don’t have to navigate the process alone. Acting early, with the right information and expert support, significantly improves your chances of a successful outcome.

So, if you live in Reading, we can help today to connect you with our partner contentious probate solicitors.

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