Expert Solicitors for Will Disputes
Facing a dispute over a will is incredibly stressful. Whether you are challenging an invalid will or defending an estate, our SRA-regulated solicitors provide robust, clear-headed legal advice to protect your rightful inheritance.
How Our Contentious Will Solicitors Can Help
Challenging a Will is a serious legal step. The law provides specific grounds upon which a Will can be challenged. As specialist contentious will solicitors, we can help you assess your case based on the two primary routes for a dispute. Discuss your case with us today.
When a Will is Legally Invalid
This claim argues the Will itself is flawed and should be voided. If successful, the estate is distributed according to a previous valid Will or, if none exists, the Rules of Intestacy.
Common Grounds to Prove Invalidity:
- Lack of Testamentary Capacity: The person was not of sound mind.
- Undue Influence: The person was coerced or pressured.
- Forgery and Fraud: The document or signature is not genuine.
- Lack of Knowledge and Approval: The person did not understand the contents.
Case Study: Undue Influence
Gill v Woodall [2010]
The Facts: A daughter was disinherited, with the £1m estate left to a charity supported by her domineering father. The court found he had subjected his frail wife to a "drip-drip" of undue influence over many years.
The Outcome: The will was declared invalid. This shows that even without direct threats, a pattern of control can be grounds for a challenge. Our contentious will solicitors are experts at identifying such patterns.
When a Will is Valid but Unfair
This claim accepts the Will is valid but argues it fails to make "reasonable financial provision" for a dependant under the Inheritance Act 1975.
Who is eligible to make a claim?
- Spouses and civil partners.
- Children (including adult children with financial need).
- Cohabiting partners (living together for at least 2 years).
- Anyone financially maintained by the deceased.
Case Study: Adult Child Left with Nothing
Ilott v The Blue Cross [2017]
The Facts: An estranged adult daughter on state benefits was left nothing in her mother's will. The estate was left to animal charities with which the mother had little connection.
The Outcome: The Supreme Court awarded the daughter £50,000. This landmark case proves that even adult children have a right to be considered, especially if they have a clear financial need.
Your Questions for Our Contentious Will Solicitors
The Basics
A contentious will solicitor is a legal specialist who deals with all types of disputes relating to a person's will or estate. Our role is to provide expert legal advice on your rights, gather evidence to support your claim, negotiate with the other side, and represent you in any court proceedings, with the aim of reaching a fair resolution.
The very first step is to contact us for a confidential consultation. You do not need to have all the evidence ready. Simply tell us your story and your concerns. We will provide an initial assessment of your case and advise you on the legal grounds you may have to make a claim. This initial step is crucial and carries no obligation to proceed.
The Process & Evidence
Strict time limits apply. For claims under the Inheritance Act 1975, you have only **6 months** from the date the Grant of Probate is issued. For challenging a will's validity (e.g., due to undue influence), it is crucial to act without delay. Seeking advice from a contentious will solicitor as early as possible is the most important thing you can do.
Our solicitors use various methods to gather evidence. This can include obtaining the deceased's medical records to assess mental capacity, sourcing witness statements from friends, family, or carers to establish coercion, or engaging handwriting experts to identify a forgery. We handle the entire investigative process for you.
It is very unlikely. The vast majority of our cases—over 95%—are settled out of court through skilled negotiation or formal mediation. We are experts in resolving disputes without a court battle, as our primary goal is to achieve the best outcome for you as quickly and cost-effectively as possible.
Costs & Fees
The court has discretion on costs, but in many successful will contest cases, it is common for the legal fees to be paid from the deceased's estate. This is a key point of negotiation in any settlement. We will provide clear advice on the likely scenarios regarding costs from the outset.
No, we do not. Wildlings Solicitors provides privately funded legal advice. This ensures that the guidance you receive from our contentious will solicitors is always impartial and solely focused on your best interests, without any conflict. We believe in providing transparent, fixed-fee estimates for stages of the work wherever possible.
Take the First Step Today
A dispute over a will requires expert legal guidance. Contact our team for a confidential, no-obligation discussion about your case.
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0330 333 8797
info@wildings-solicitors.co.uk
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