Challenging or contesting a Will - Contentious Probate

A person can leave money or property to whomever they choose in their will. However, sometimes a will is challenged – this process is called contesting a will. If you are concerned as to your entitlement under a will, the following information will help you decide whether you have a case and could contest the will.
Common reasons  to contest a will include:

1.The will does not reflect the wishes of the deceased because it was drafted negligently or contrary to the instructions of the deceased.

2.The will was signed under undue influence, for example the deceased was pressured into signing the will.

3.The deceased lacked the necessary mental capacity to sign or to give instructions for a will, e.g. the person was suffering from dementia or a similar mental illness when the will was made

4.The will has been drafted and signed incorrectly, which is often a problem with homemade wills 

Even if a will is valid, you may be able to claim against the solicitor or other professional if they drafted the will negligently.

Why Choose us?

• Owen White & Catlin have a resident expert in Inheritance Act Claims. He is Richard Land, Partner & Head of Litigation based in our Hammersmith office. Richard regularly lectures for Central Law Training to other solicitors on this subject. He can provide comprehensive advice on how to contest a will, who can claim, the bringing and defending of claims and what qualifies as a claim. In addition the evidence required and the factors that are taken into consideration for the prospective Claimant as well as the responsibilities of executors and the dealing of the estate during the claim.

• We will not waste your time – we will not take forward your argument unless we believe you have a winnable case. Our detailed knowledge of the basis of claims and court procedure can lead to an early, negotiated conclusion, saving both cost and stress. Our team cover a wide geographical area extending from south west London into Middlesex and Surrey and we can therefore see you at whichever of our seven offices suits you best.

Next Step

If you are thinking of challenging or contesting a will, it is important to seek specialist legal advice as soon as possible because strict time limits may be imposed. Any delay may prevent you getting the sums to which you are entitled.