Contesting A Will

Kingsley Smith Solicitors LLP offers a service in providing contentious will and probate advice. We understand that the grieving period is one of uncertainty and upheaval.  Sadly an inheritance dispute and/or contested will claim can only deepen the sense of distress. With our sensitive and highly personalised service, we work quickly and efficiently with you to resolve your problems to enable a settlement to be reached as soon a possible enabling you to move on.

If you have concerns regarding an inheritance dispute, we can provide quick and valuable guidance, whatever your situation. For an initial consultation, call our local Chatham team today on 01634 811118 or make a quick online enquiry.

Challenging a Will

Should you believe that you have been unfairly overlooked in a will, then you may be able to challenge the will.  It could be that the will was not interpreted correctly or a disagreement has arisen with other beneficiaries. You can challenge the decision by contesting probate, often referred to as “contesting a will”.

We understand the difficulties of finding yourself in this situation and the importance of reaching a prompt and fair resolution. Our lawyers are here to help you contest a will.

If you are the executor of a will and are defending a contentious probate claim, we can assist and advise you in order to protect your position as well as that of the estate.  

How To Contest a Will

In the UK, people are largely free to leave assets to whom they want. However, the courts are now recognising that some wills for a number of reasons may leave insufficient financial provision to the testator’s dependants (i.e. the dependants of the person who has made the will) such as a spouse, partner, child, stepchild or any person who was being financially maintained by the testator immediately before their death.

In this case, we need to refer to The Inheritance (Provision for Family and Dependants) Act 1975. This act allows claims to be made against an estate by the above persons who were being financially maintained by the deceased immediately before his/her death.

Therefore, we can advise whether you are able to bring a claim under the above act as well as assisting you in achieving the best possible outcome.

The other grounds available for contesting a will are:

  • The will was not signed by the person making the will (referred to as the testator) and/or was not witnessed properly.
  • The person signing the will was persuaded or pressured to sign it.
  • The person signing the will did not understand or fully appreciate the terms and/or implications of the will.
  • The will does not reflect the testator’s true wishes or intentions.

Our litigation team have helped people contest a will in range of different situations, from disappointed benefactors to family members and more. The grounds for contesting a will can be complex. This is why we can help you negotiate this in the most efficient way possible, using language you understand. 

At Kingsley Smith Solicitors LLP, we use our experience and knowledge to determine if you have grounds to contest the will. We then work with you to achieve the best result possible.  We always work to reduce the length of the process, as well as the chances of going to court.

Is There a Time Limit To Contest a Will?

Depending on the grounds for contesting a will, time limits can vary. In most cases, the time limit is six months from the date of the Grant of Probate. To avoid any obstacles, it’s in your best interests to find out what sort of claim you have as soon as possible by speaking to a lawyer. We are a practical firm of lawyers so will ensure that you are aware of all courses of action, along with the likely costs and outcomes, so that you can make an informed decision about how to proceed.

Contesting a Will After Probate

It’s always beneficial to contest a will before probate has been granted. Once an executor is aware of a challenge, they may dispose of the assets.

In any inheritance dispute, it is always best to determine your legal position as soon as possible. We can help to advise on the best course of action, such as placing a caveat on the estate to prevent probate being issued in the first instance.

Why Choose Kingsley Smith Solicitors to Contest a Will

At Kingsley Smith Solicitors, we know that achieving a satisfactory resolution in a swift manner is vital. Our specialist lawyers work quickly and creatively to overturn the Will and obtain a favourable solution with as little stress as possible.

Read what our clients say about us here.

Please call us on 01634 811 118 or complete our online enquiry form.

 

The materials appearing on this website do not constitute legal advice and are provided for general information purposes only. No warranty, whether express or implied is given in relation to such materials. We shall not be liable for any technical, editorial, typographical or other errors or omissions within the information provided on this website, nor shall we be responsible for the content of any web images or information linked to this website. Viewing this website, or contacting us does not constitute a solicitor client relationship between you and this firm.