Question 1

What grounds can I use to contest a will?

Accepted Answer

A will can be challenged on several grounds: lack of testamentary capacity (the testator did not have the mental capacity to make a will), undue influence (someone improperly pressured the testator), fraud or forgery, or failure to comply with the formal requirements of the Wills Act 1837 (for example, improper witnessing). Each ground requires different evidence. We advise on the strength of your position and the evidence needed to support your claim.

Question 2

Can I challenge a will after probate has been granted?

Accepted Answer

Yes — a will can be challenged after probate has been granted, but it becomes more difficult once the estate has been distributed. If you have grounds to challenge a will, it is important to act quickly. We advise on the steps to take to protect your position — including obtaining a court order to prevent distribution of the estate while your claim is being considered.

Question 3

What is an Inheritance Act claim?

Accepted Answer

An Inheritance Act claim is made under the Inheritance (Provision for Family and Dependants) Act 1975. It allows certain people — spouses, children, dependants, and sometimes others — to claim that a will or the intestacy rules fail to make reasonable financial provision for them. You do not need to prove the will is invalid; you simply need to show that you have not been adequately provided for.

Question 4

Who can make an Inheritance Act claim?

Accepted Answer

Spouses and civil partners can claim. So can children (including adult children and those born outside marriage), stepchildren who were treated as children of the family, and people who were being maintained by the deceased. In some circumstances, others may also have a claim. We advise on whether you have standing to bring a claim.

Question 5

How long do I have to challenge a will or make an Inheritance Act claim?

Accepted Answer

For challenging a will, there is generally no strict time limit, but you should act quickly — the longer you wait, the harder it becomes. For Inheritance Act claims, you must apply within six months of the date probate was granted (though the court can extend this in some circumstances). Early legal advice is essential.

Question 6

What is undue influence?

Accepted Answer

Undue influence occurs when someone improperly pressures the testator into making a will in their favour. It is not enough that someone was present when the will was made, or that they benefited from it. You must show that they exerted improper pressure that the testator could not resist. This is a high threshold, but we can advise on whether you have evidence of undue influence.

Question 7

What is lack of testamentary capacity?

Accepted Answer

Testamentary capacity is the mental ability to make a valid will. The testator must understand the nature of making a will, the extent of their property, the people who might reasonably expect to benefit, and how the will disposes of their property. If the testator suffered from dementia, mental illness, or the effects of medication at the time the will was made, capacity may be in issue.

Question 8

What is an executor dispute?

Accepted Answer

An executor dispute arises when the executor is not administering the estate properly. This might include failing to account for estate assets, delay in distributing the estate, conflict of interest, or misappropriation of assets. Beneficiaries can challenge the executor's conduct and seek removal of the executor or recovery of misappropriated assets.

Question 9

Can I challenge an executor's conduct?

Accepted Answer

Yes — if an executor is not administering the estate properly, beneficiaries can apply to court for directions or to remove the executor. However, executors have a wide discretion in how they administer an estate, and the court will not interfere lightly. We advise on whether you have grounds to challenge the executor's conduct.

Question 10

What is the difference between contentious and non-contentious probate?

Accepted Answer

Non-contentious probate is the straightforward process of obtaining a Grant of Probate and administering an estate where there is no dispute. Contentious probate involves disputes over the will, the executor's conduct, or claims by beneficiaries. Contentious probate is more complex, costly, and time-consuming — and often requires court proceedings.

Estate Disputes Solicitors

Types of estate dispute we handle

Contesting a will

Inheritance Act claims

Executor disputes

Proprietary estoppel claims

How we approach estate disputes

Initial assessment

Pre-action steps

Protecting your position

Litigation if necessary

Disputed estates and probate

Related Wills & Estates Services

Common Questions

Concerned about an estate dispute?

Speak to a Member of Our Team

Laura Kirton

David Stahler

Darren Steele

Nikolina Vukovic

Speak to an Estate Disputes Solicitor