Will Disputes

Challenging or Defending a Will?

Will disputes occur after the death of a loved one when families are trying to cope with grief and loss. So, if you have been left out of a Will or believe a loved one’s Will is invalid, this can add stress to an already emotional time in your life.

Disputing a Will is a sensitive and complex area of law. At Jefferies Claims, we work with contentious probate lawyers experienced in Will disputes and who offer compassionate, strategic advice to help you protect your rightful inheritance. We offer a range of fee structures, including ‘No Win, No Fee’ agreements along with other flexible funding – speak to our team to find out more.

If you need help today, give us a call on 0333 358 3034 or visit Our Contact page for your free, no-obligation consultation.

What Is a Will Dispute?

A Will dispute arises when someone questions the validity of a Will or its provisions. This can involve claims that the Will was improperly executed, the testator lacked mental capacity, or the Will is unfair or fraudulent.

Whether you’re contesting a Will or defending it, it’s advisable to seek legal advice as soon as possible to navigate this emotional and legal minefield.

Types of Will Disputes

Understanding the different types of Will disputes can help determine whether you have a valid claim. Here are the most common grounds for contesting a Will:

Lack of Testamentary Capacity

A Will can be contested if the person who made it (the testator) did not have the mental capacity at the time it was created. Testamentary capacity means the testator:

• Understood the nature and effect of making a Will,
• Knew what assets they owned,
• Recognised the people who might expect to benefit from the estate.

Conditions like dementia, Alzheimer’s disease, or mental illness can be grounds to challenge a Will under this category.

Undue Influence

This occurs when someone exerts pressure on the testator to make or change a Will in a way that will benefit them. Undue influence can be subtle or coercive and often involves a person in a position of trust or dependency, such as a caregiver or relative.

Lack of Proper Execution

Legally, a Will must meet certain formal requirements to be valid:

• It must be in writing,
• Signed by the testator,
• Witnessed by two independent  people present at the same time.

If these requirements aren’t followed, the Will can be deemed invalid.

Fraud or Forgery

If you suspect the signature on the Will is not genuine or believe the contents were changed fraudulently, you may have grounds to dispute it.  Forged Wills are rare but not unheard of, especially in cases involving large estates.

Lack of Knowledge and Approval

A Will can be challenged if the testator did not know or approve of its contents. This often overlaps with undue influence or capacity issues and typically arises when someone else prepares the Will or benefits significantly from it.

Inheritance Act Claims

If you were financially dependent on the deceased but were left out of the Will or received less than you need, you might be eligible to make a claim under the Inheritance Act 1975.

This act allows spouses, children, cohabiting partners, and others to to seek reasonable financial provision from the estate.

Who Can Challenge a Will?

Not everyone has the legal right to contest a Will. Typically, you can bring a Will dispute if you are:

• A spouse or civil partner,
• A former spouse (not remarried),
• A child (including adult children),
• A step-child or foster child who was treated as a dependent,
• A cohabiting partner who lived with the deceased for at least two years,
• Someone who was financially maintained by the deceased,
• A beneficiary or someone named in a previous Will.

How to Challenge a Will

Act Quickly

If you suspect a Will is invalid, it’s crucial to act promptly. Time limits vary depending on the type of claim:

• Inheritance Act claims – 6 months from the date of probate,
• Fraud claims – no set limit, but the sooner the better,
• Validity challenges – ideally before probate is granted.

Check If Probate Has Been Granted

If probate has not yet been issued, you can enter a caveat to prevent the estate from being distributed. This gives you time to investigate and gather evidence.

Seek Legal Advice

Every Will dispute is different. Our solicitors will:

• Assess the merits of your case,
• Advise on potential outcomes,
• Assist with negotiation or litigation.

We aim to resolve disputes efficiently and amicably, avoiding court wherever possible.

Defending a Will

If you’re an executor or beneficiary and someone challenges a Will, you’ll need to defend it. Our solicitors offer practical strategies, including:

• Gathering evidence of the testator’s mental capacity,
• Obtaining medical records,
• Interviewing witnesses (e.g., Will drafters and witnesses),
• Demonstrating the testator’s intentions.

We’ll protect your rights and ensure the deceased’s wishes are respected.

Contact Us Now – Free Consultation

We understand how stressful inheritance disputes can be, and we’re committed to helping you find a fair resolution.

📞 If you’re considering challenging a Will, our panel firms can guide you through the process with expert advice and support. Reach out to our team for more information.

Call us today on 0333 358 3034 or visit Our Contact page to discuss your potential claim in confidence.