Will Dispute Solicitors in London, Birmingham and Northampton

As Featured In

Will disputes can be emotionally challenging and legally complex, often involving issues such as the validity of the will, interpretation of its terms, claims of undue influence, or allegations of insufficient provision for certain individuals.

With offices in Birmingham, Northampton and London our team of will dispute solicitors has successfully helped hundreds of clients with their will disputes. We have extensive experience in wills and inheritance disputes, so you can trust Witan Solicitors to guide and support you with expert legal advice through this difficult time. Contact us today on 0300 303 2071 or send us an email enquiry at info@witansolicitors.co.uk.

How We Can Help

Will dispute solicitors play a vital role in helping individuals navigate the complexities of will disputes and ensuring that the deceased’s intentions are respected and executed in accordance with the current laws.

The expertise of an experienced is invaluable when it comes to navigating the complexities of will disputes. Whether through mediation, negotiation, or representation in court, these legal professionals play a crucial role in achieving a fair and just resolution to will-related conflicts.

Our solicitors can help with

• Contesting a Will: Evaluating the validity of the Will and providing legal guidance and representation if there are issues with the Will itself. We can also assess grounds such as lack of testamentary capacity or undue influence.
• Contentious Probate: Handling disputes over the administration of the estate. This includes representing clients in court for contentious probate matters.
• Inheritance Act Claims: Assisting individuals who have been left out of a Will or not provided for adequately. We can pursue claims under the Inheritance (Provision for Family and Dependants) Act 1975 and advocate for reasonable financial provision.
• Trust Disputes: Addressing conflicts related to trusts, including disputes over trustee actions. We can guide you through the process of removing a trustee. We can also ensure that the terms of the trust are interpreted and executed correctly.
• Professional Negligence: Representing clients in cases of improper Will drafting or negligent advice. We can pursue legal action against solicitors or Will writers who have breached professional standards, and seek compensation for clients who have suffered due to professional negligence.
• Pre-Death Agreements: Evaluating promises made before death regarding assets and determining the enforceability of pre-death agreements. If necessary, we can take legal action to secure assets promised but not mentioned in the Will.
• Challenging a Lifetime Gift: Handling disputes regarding the capacity of an individual to leave a lifetime gift and providing legal representation in cases where the validity is questioned.
• Financial Abuse: Investigating and addressing cases where wrongful control of a vulnerable person’s finances is suspected. We can advocate for the protection of the vulnerable individual’s financial interests and pursue legal remedies against those responsible for financial abuse.
• Defending a Contested Will: Representing executors or beneficiaries facing challenges to a Will. We can help to build a strong legal defence against contested Will claims and work to uphold the intentions of the deceased as expressed in the Will.
• Concerns Over Financial Deputyship and Statutory Wills: Addressing issues arising from the deceased’s lack of mental capacity to manage affairs. We can provide legal assistance in matters related to financial deputyship and statutory wills.

Throughout the entire process, we serve as unwavering advocates for our clients. Offering clear and comprehensive legal advice, we keep clients informed about case progress and available options, ensuring their rights and interests are protected at every stage.

Searching for a Will

If you’re uncertain about the existence of a will after a loved one’s passing, our solicitors can assist you. We can access the National Will Register, which holds over 10.5 million wills, utilising a sophisticated system that is trusted by solicitors across the UK.

To initiate a search, contact us, and we’ll guide you through the process to help leverage out teams’ comprehensive capabilities to efficiently search for a will.

Challenging a Will and Inheritance Act Claims

Our team of experienced will dispute solicitors specialise in providing comprehensive assistance for challenging wills and handling Inheritance Act claims. Our solicitors are well-versed in the legal grounds for contesting a will, including lack of testamentary capacity, undue influence, fraud, or improper execution. We carefully analyse each case to determine the most appropriate course of action.

If you believe you’ve been unfairly excluded from an inheritance, our team guides you through the process of claiming under the Inheritance Act. We provide expert advice on eligibility and help navigate the legal complexities to secure a fair provision. However, if issues are suspected in the administration of the estate, we can investigate and challenge executors or administrators to ensure transparency and compliance with legal obligations.

Whether contesting a will or pursuing an Inheritance Act claim, our solicitors are dedicated to achieving the best possible outcome for you.

Contesting a Will

Thinking about contesting a will? If you have concerns about the validity of a will, our local solicitors for wills in Birmingham, London and Northampton can help you assess whether you have sufficient grounds to contest a will and if necessary also assist with court proceedings.

A Will can be contested on the grounds of:

• Lack of Testamentary capacity – a person making a will must be of “sound mind, memory and understanding” when making a will.
• Undue influence/coercion – the person who made the will was subjected to undue influence.
• Lack of knowledge and approval
• Wills Act 1837 forgery and fraud
• A claim under the Inheritance (Provision for Family and Dependants) Act 1975

The Best Way to Resolve an Inheritance Dispute

Court proceedings can be very lengthy (a will dispute can take up to 18 months to be resolved in court) and it can cause you and your family unnecessary emotional suffering. This is why mediation and negotiation are the preferred methods of resolving inheritance disputes. With the correct legal advice, you could peacefully receive a satisfactory outcome and end an inheritance dispute before it reaches the courtroom.

The Best Time to Challenge a Will

Timing is of the essence when it comes to contesting a will. The earlier you start the process, the better. Ideally, a will should be challenged before a grant of probate is obtained because after probate is issued, you only have six months to make a claim. Furthermore, once probate has been granted, the distribution of the estate can begin, making it more complicated to get your part at a later stage. Our will dispute solicitors can help you start the process of contesting a will quickly and efficiently for a faster resolution.

Contesting a Will after a Grant of Probate

If you find yourself in a situation where probate has been granted but you still want to contest a will, the process of challenging a will is as follows:

1. Compile all necessary documentation: This includes a copy of the Will and the Grant of Probate. If you have any issues with obtaining those, our contentious probate solicitors can help.
2. Find out if you are allowed to contest the will: Are you a family member, creditor or beneficiary of the deceased? As we outlined earlier, only certain people have the right to contest a will.
3. Check if you have grounds to contest the will: To be able to challenge a will, your case needs to have one or more of the legal grounds described above. If you are not sure, a consultation with a will dispute solicitor can help you determine if you have grounds for a claim.
4. Check if you fit in the time limits: Are you trying the challenge of a will within six months of the issue of probate? If the answer is yes, you can go ahead with your claim. If not, still get in touch. Our contentious probate solicitors can investigate whether you have valid grounds to claim out of time.
5. Get legal advice on the possible outcomes: It’s important to understand what your options are before you start a will dispute. It’s best to seek legal advice to understand what is the likelihood of going to court and the risks involved with pursuing legal action.

Our will dispute solicitors can advise on whether you have sufficient grounds to contest a will or trust and advise you on your likely chance of success and the costs involved. Please get in touch with our experts to find out how we can best support you.

Why Choose Us

Our team of will dispute solicitors boasts specialised knowledge in probate and inheritance law. With a deep understanding of will drafting, estate administration, and the intricate legal requirements for a valid will, we offer accurate advice and representation tailored to our client’s unique needs.

We play a pivotal role in resolving disputes through mediation or negotiation, striving for amicable settlements that satisfy all parties involved. However, when alternative methods fall short, our solicitors are ready to represent clients in court. Armed with compelling legal arguments and evidence, we advocate on behalf of our clients to secure a fair and just outcome, navigating the complexities of the legal system with expertise.

In trusting Witan Solicitors, you will also benefit from:

• Over a century of collective legal expertise
• Legal 500 recognised firm
• Transparent and truthful counsel
• Proficient handling of intricate wills and international assets
• Legal practitioners with top industry credentials
• Swift and dependable legal guidance

FAQ 

Who has the right to challenge a will?

Individuals with sufficient legal standing, such as beneficiaries named in the will, those who were previously included but subsequently excluded, or those with a financial interest, have the right to challenge a will.

What is the process for challenging a will?

The process for challenging a will typically involves filing a formal legal claim with the court. Grounds for contesting may include issues like lack of testamentary capacity, undue influence, or improper execution of the will.

What is the expense associated with contesting a will, and who is responsible for payment?

The expense of contesting a will can vary. Generally, the person contesting the will is responsible for their legal costs. However, if successful, costs may be paid from the deceased person’s estate.

How can I manage the financial aspects of my claim?

Managing the financial aspects of a claim involves consulting with a solicitor to understand potential costs, exploring alternative dispute resolution methods, and considering funding options such as conditional fee agreements.

Within what timeframe must I initiate a claim?

Claims challenging a will must generally be initiated within six months from the date of the grant of probate or letters of administration, although the court may allow extensions in certain circumstances.

On what grounds can a will be contested?

Grounds for contesting a will include lack of mental capacity, undue influence, fraud, forgery, and failure to meet the legal formalities of execution.

What is the definition of contentious probate?

Contentious probate refers to disputes and legal conflicts arising from the administration of a deceased person’s estate, often involving challenges to the validity of the will or disagreements among beneficiaries.

How can I obtain a duplicate copy of the will?

Obtaining a duplicate copy of a will involves contacting the solicitor who drafted the will or searching the Probate Registry. Once a grant of probate is issued, the will becomes a public document and can be obtained by anyone.

What steps can be taken to resolve an inheritance dispute?

Resolving an inheritance dispute may involve negotiation, mediation, or collaborative law. Legal advice is crucial, and court proceedings should be considered if alternative methods fail.

Is it possible to dispute an inheritance?

Yes, inheritance can be disputed on various grounds, as mentioned earlier, such as lack of capacity, undue influence, or improper execution.

What is the typical cost of a claim related to an inheritance dispute?

The cost of an inheritance dispute claim varies. It depends on factors like complexity, legal fees, and court expenses. Legal aid is not typically available, so funding options should be discussed with a solicitor.

How can one prevent an inheritance dispute?

Preventing an inheritance dispute involves clear communication, updating the will when circumstances change, and seeking legal advice to ensure the will is properly executed and reflects the testator’s intentions.

Are there specific time constraints for filing inheritance dispute claims?

There is a general time limit of six months from the grant of probate, but exceptions may apply. Seeking legal advice promptly is crucial due to strict time constraints.

Is it necessary to attend court proceedings for an inheritance dispute?

While many inheritance disputes are settled outside of court, attending court proceedings may be necessary if an amicable resolution cannot be reached through negotiation, mediation, or other alternative methods.