Challenging an Unfair or Invalid Will?
Feeling unfairly treated in a Will is a difficult and emotional experience. Our SRA-regulated solicitors are here to provide clear, expert advice on your legal options.
We can help if you believe:
- You were unfairly excluded or left too little
- The deceased was pressured or not of sound mind
- The Will may be a forgery or invalid
- You are an Executor facing a dispute
Navigating a Will Dispute is a Difficult and Emotional Time. You Are Not Alone.
Discovering you have been treated unfairly in a Will can bring feelings of distress, confusion, and injustice. It's a path no one should walk alone. Our specialist contentious probate solicitors are here to offer clear, compassionate guidance and robust legal representation to ensure your case is heard.
What is Your Primary Concern?
Every situation is unique. Select the statement that best describes your circumstances to see the potential legal grounds for a claim.
Grounds for Challenging a Will's Validity
Lack of Testamentary Capacity
What it means: The person was not of sound mind, memory and understanding when they made the Will.
Common Signs & Evidence:
- A diagnosis of dementia, Alzheimer's, or other cognitive impairments.
- Medical records indicating a confused mental state.
- Witness statements about irrational behaviour around the time the Will was signed.
Undue Influence or Coercion
What it means: The person was pressured, forced, or manipulated into making the Will against their true wishes.
Common Signs & Evidence:
- A last-minute change that benefits a new carer, neighbour, or recent acquaintance.
- The person being isolated from family and friends.
- A significant and unexplained departure from previously stated wishes.
Fraud or Forgery
What it means: The Will or the signature on it is a fake.
Common Signs & Evidence:
- A signature that looks different from the person's usual signature.
- Suspicious circumstances around the document's creation.
- Witnesses who are unknown or cannot be traced.
If any of these situations seem familiar, you may have a strong case.
Request a Free AssessmentMaking a Claim for Reasonable Financial Provision
The Inheritance (Provision for Family and Dependants) Act 1975
What it means: Even if a Will is legally valid, the law recognises that certain people should be provided for. If the Will fails to make 'reasonable financial provision' for you, you may have a strong claim. This is often the case when a child, spouse, or long-term partner is unexpectedly "left out of a Will".
Who can claim?
- Spouses and civil partners.
- Former spouses (who haven't remarried).
- Children (including adult children).
- Cohabiting partners (living together for at least two years).
- Anyone financially maintained by the deceased.
The law provides a safety net for dependants. If you fall into one of these categories, contact us to discuss your options.
Request a Free AssessmentDealing with Executor Issues
Delay in Administering the Estate
What it means: The executor is taking an unreasonably long time to gather assets and distribute the inheritance.
What you can do: We can write to the executor to demand progress and, if necessary, apply to the court to replace them.
Misconduct or Mismanagement
What it means: The executor is not acting in the best interests of the beneficiaries, for example, by selling assets for less than they are worth or paying themselves inappropriately.
What you can do: We can take action to hold the executor to account, and in serious cases, have them removed by the court.
Executors have a legal duty to act properly. If you believe they are failing, we can help ensure the estate is protected.
Request a Free AssessmentEvery Family Situation is Unique
We Are Here to Listen
Will disputes can be incredibly varied, and it's common for a situation not to fit neatly into a legal category. You may have concerns about promises that were made and broken, or questions about assets that seem to be missing from the estate.
These complex cases require a specialist solicitor to listen to the specifics and provide tailored advice. That's why a confidential conversation is the best next step.
Let's discuss the specifics of your case in a free, no-obligation assessment. We can provide the clarity you need.
Request Your Free AssessmentUnderstanding Your Claim: Is the Will Invalid or Unfair?
In the eyes of the law, there is a crucial difference between a Will that is legally invalid (void) and a Will that is valid but fails to make reasonable financial provision for a dependant (unfair). Understanding this distinction is the first step in assessing your legal position. Explore the options below to see which path may apply to you.
When is a Will Legally Invalid (Void)?
This type of challenge argues that the Will itself is fundamentally flawed and should be set aside completely. If successful, the estate would typically be distributed according to the deceased's previous valid Will, or if there is no previous Will, by the Rules of Intestacy.
Common Grounds for Invalidity:
- Lack of Testamentary Capacity: The person was not of sound mind, memory, and understanding when they signed the Will.
- Undue Influence or Coercion: The person was pressured or manipulated into signing against their true wishes.
- Fraud or Forgery: The document or the signature is not genuine.
- Lack of Knowledge and Approval: The person did not know or understand the contents of the Will they were signing.
Case Study: Undue Influence
Schrader v Schrader [2013]
The Facts: The deceased's original Will divided her estate equally between her two sons, Nick and Bill. However, a later Will left her house—the most valuable asset—solely to Nick. The evidence showed that the mother was 96, vulnerable, and reliant on Nick for care. Nick had a forceful personality and had been instrumental in the creation of the new Will.
The Outcome: The court declared the later Will invalid due to undue influence. The judge found there was no other rational reason for the mother to have disinherited her other son, Bill, other than the coercion exerted by Nick.
What this means for you: If a vulnerable person makes a sudden, drastic, and unexplained change to their Will that benefits the person they are dependent on, the court may be willing to set it aside.
When is a Will "Unfair"?
This type of claim argues that, even if the Will is legally valid, it fails to make "reasonable financial provision" for a family member or dependant. This is governed by the Inheritance (Provision for Family and Dependants) Act 1975.
Who is eligible to make a claim?
- Spouses and civil partners.
- Former spouses (who have not remarried).
- Children (including adult children).
- Cohabiting partners (living together for at least 2 years).
- Anyone who was being financially maintained by the deceased.
Case Study: Claim by an Adult Child
Ilott v The Blue Cross [2017]
The Facts: Heather Ilott was an adult daughter who had been estranged from her mother, Melita Jackson, for many years. Mrs Jackson's Will left her entire estate (worth approx. £486,000) to several animal charities, with whom she had little connection, and explicitly excluded her daughter. Mrs Ilott was on state benefits and had a low income.
The Outcome: After a decade of litigation that went to the Supreme Court, Mrs Ilott was ultimately awarded £50,000 from the estate. The court decided that, despite the estrangement, leaving her daughter with nothing while she was in such financial need did not amount to "reasonable financial provision."
What this means for you: Being an adult child or being estranged does not automatically prevent you from making a claim. If you have a genuine financial need, the court can intervene, even if it goes against the deceased's express wishes.
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Your Questions Answered
Eligibility & Grounds for a Claim
The main grounds are: 1. Lack of Testamentary Capacity (the person wasn't of sound mind). 2. Undue Influence (they were pressured). 3. The Will is invalid (not signed correctly, or is a forgery). 4. A claim for reasonable provision under the Inheritance Act 1975 if you've been unfairly excluded.
Yes, adult children are eligible to make a claim under the Inheritance Act 1975 for "reasonable financial provision," especially if you had a financial dependency on the deceased. The court will consider your financial situation, your relationship, and the size of the estate.
You don't need to have all the evidence yourself. During your free assessment, tell us your story and your suspicions. Our job as solicitors is to then advise on what evidence is needed—such as medical records, witness statements, or financial documents—and help you obtain it.
The Process & Timelines
Strict time limits apply. For an Inheritance Act claim, you only have **6 months** from the date probate is granted. For other claims, the limits vary. It is absolutely crucial to seek legal advice as early as possible to protect your position.
It is very unlikely. Over 95% of our cases are settled out of court through skilled negotiation or mediation. We always treat court as a last resort, as our goal is to achieve the best outcome for you as quickly and cost-effectively as possible.
We understand this is a very sensitive issue. Our approach is to be firm but fair, focusing on negotiation and mediation to resolve disputes amicably where possible. Settling out of court can often help preserve family relationships better than a court battle.
Costs & Funding Your Claim
This is the most common worry. We provide a free initial assessment. If we believe you have a strong claim, we can often take on your case on a 'No Win, No Fee' basis, which means you pay no legal fees unless we win. We explain all funding options clearly from the start.
In many successful Will dispute cases, the legal costs for both sides are paid out of the deceased's estate. This is something we would aim to agree upon as part of the settlement.
It's a formal agreement, also known as a Conditional Fee Agreement. It means that if your claim is unsuccessful, you will not have to pay our legal fees. If you win, we charge a pre-agreed "success fee" which is a percentage of the compensation you receive. It allows you to pursue a valid claim without a significant financial risk.
You may be responsible for 'disbursements,' which are third-party costs like court fees or fees for obtaining medical records. We will provide you with a clear estimate of these potential costs before you proceed so there are no surprises.
Book your initial consultation with our Wills & Probate Solicitors in Birmingham. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk for specialist advice.
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