Contesting a Will

If you feel that you have been inadequately provided for in a relative’s or loved one’s will, Stillwells team of highly-experienced  dispute resolution lawyers can help you contest a will.  Crucially, time is of the essence so it is advised to seek our advice as soon as possible and before probate has been dealt.

Boasting considerable experience in this field and a high success rate, Stillwells’ contentious probate solicitors are specialists in this niche area of law, which is often complicated to navigate.

Typical situations we often encounter include:

  • The deceased died without making a Will (intestate), and the estate was distributed according to intestacy rules, against promises that they made whilst alive.
  • Circumstances changing after the will had been made, such as there being a new mother that the deceased would have wanted to provide for
  • Step children not being provided for, because intestacy rules declare that the estate goes to blood children

Whatever your situation, our friendly team is able to review your circumstances and advise whether you have a case.

Please contact us without delay for a free no obligation consultation on 023 8072 7168.  

Frequently Asked Questions

Can I contest or challenge a Will?
There are rules about who can challenge a Will. You have to be one of the following people to be able to contest:

  • Husband or wife
  • Former husband or wife
  • Civil Partner
  • Children, including adults
  • Step children or adopted children
  • Anyone who has been supported by the deceased for 2 years prior to their death – often this would be a cohabitee.

Even if you are one of the qualifying people, you must think carefully about any legal challenge you make. Just being able to make a claim does not mean that your claim will succeed. Additionally, any challenge is likely to cause repercussions within your family. There is no truth that only a relative has a legal claim against a Will. We can advise you whether you are able to contest a Will.

What are valid reasons for contesting a Will?
There are a number of reasons why you may be able to contest a Will including whether the person who died had financial responsibility for you. In addition, there are number of the other challenges you can make to a Will which relate to its validity and the capacity of the person who made it. Some of the more common reasons to contest a Will include:

  •  The Will was changed very close to the death,
  • The Will was handwritten and left everything to one person, or more than seems fair
  • The signature on the Will does not look correct
  • A close relative has been omitted from the Will
  • The Will does not comply with the legal requirements , i.e. it has not been signed or witnessed correctly
  • The deceased had a lack of capacity when the Will was made and signed
  • This list is not exhaustive though and we can explore whether you can claim.