Wills are designed to ensure that a person’s wishes are carried out after they pass away, providing clarity, security, and peace of mind for their family. However, sometimes families feel that a will might not reflect the deceased’s true intentions or that it fails to provide fairly, which can lead them to contest it. This can be a difficult process, involving strict legal procedures, detailed paperwork, negotiations, and sometimes court hearings, which is why many people turn to professional legal support. We explain the process of contesting a will and discuss how expert guidance can help to navigate this often complicated journey with confidence.
What Does it Mean to Contest a Will?
Contesting a will means formally challenging its validity or fairness after someone has passed away. This usually happens when a beneficiary believes the will doesn’t accurately reflect the deceased’s true intentions or that it fails to meet legal requirements. A challenge may focus on whether the will itself is valid or whether it makes reasonable financial provision for certain individuals.
Only certain people can contest a will, depending on the grounds of the claim. This usually includes spouses, civil partners, children, dependants, or individuals named in a previous will. People can contest a will for a variety of reasons, such as concerns about undue influence, lack of mental capacity at the time the will was made, errors in how the will was executed, or unfair distribution of the estate.
The Legal Process of Contesting a Will
When a will is contested, the claim follows a structured legal process which is made up of several key stages. Although the details vary from case to case, the overall process is usually similar for each situation. Knowing how each stage works can help you understand what happens next and how a claim progresses. We explain the main legal steps involved when contesting a will.
Initial Review of the Will
The process begins with a careful review of the will and the circumstances surrounding its creation. This includes checking whether it was properly executed, when it was made, and who was involved in drafting it. At this stage, it is also important to confirm whether the person bringing the claim has legal standing to contest the will.
Identifying Grounds for Contesting
Once the will has been reviewed, the next step is identifying the legal grounds for contesting it. These may include concerns about mental capacity, undue influence, fraud, forgery, or a failure to make reasonable financial provision. Establishing the correct grounds is essential, as it determines how the claim is pursued and what evidence will be required.
Gathering Evidence
After the grounds have been established, evidence is gathered to support the claim. This may include medical records, witness statements, financial information, correspondence, or earlier versions of the will. Strong evidence helps demonstrate why the will should be challenged and plays a key role in the strength and credibility of the claim.
Negotiation and Dispute Resolution
Many contested wills are resolved without the need for court proceedings. At this stage, parties may attempt negotiation or alternative dispute resolution, such as mediation, to reach an agreement. Resolving matters in this way can reduce costs, shorten the timescale of the dispute, and minimise emotional strain for those involved.
Court Proceedings (if Required)
If an agreement cannot be reached, the claim may proceed to court. This involves formal legal documents, hearings, and a judge making a final decision on the dispute. Court proceedings can be complex and time-consuming, which is why cases are often only taken this far when other resolution methods have been unsuccessful.
Working with a Solicitor: Understanding Your Rights and Options
Contesting a will can be legally complex, especially if you are unfamiliar with the process. Professional legal support from a team of solicitors, such as Gillhams Solicitors, offers reassurance and practical guidance, helping you understand your position and make informed decisions throughout the claim. A solicitor can assess your circumstances, advise on your rights, potential outcomes, and any deadlines, and guide you toward the most appropriate course of action. Expert legal support is essential when contesting a will.
Clear Advice on Your Rights and Options
A solicitor will review your situation and explain whether you have valid grounds to contest a will or not. They advise on your legal rights, potential outcomes, and any deadlines that may apply. This guidance helps you understand your position, make informed decisions, and determine the best approach, giving you confidence before taking any action.
Support with Evidence Gathering and Negotiations
Solicitors assist in identifying, collecting, and organising the evidence needed to support your claim, including medical records, witness statements, or correspondence. They also manage negotiations with other parties and aim for a fair resolution. This approach helps to lower stress, avoids unnecessary conflict, and ensures that your case is presented effectively.
Guidance Through Court Proceedings
If a dispute cannot be settled outside of court, a solicitor will also be there to guide you through the formal legal process. This includes preparing documents, meeting procedural requirements, and representing your interests in hearings. Their support ensures the case is managed properly, reduces the risk of mistakes, and provides reassurance and confidence to you throughout the proceedings.
London Will Disputes: Contact Gillhams Solicitors for Professional Support
At Gillhams Solicitors, we understand how emotionally and legally complex matters involving wills can be, which is why families require expert advice and support when contesting a will. When you feel a will is unfair, invalid, or doesn’t make reasonable provision for you, our experienced solicitors can review your situation and explain your options clearly and sensitively.
We help you identify valid grounds for contesting a will, explore out-of-court solutions where possible, and advise on risks, likely outcomes, and costs if formal legal action is needed. We support you at every stage, giving you practical advice and confidence as you navigate a will dispute. Get in touch with us today for expert legal advice by completing our online contact form, calling 020 8965 4266, or emailing solicitors@gillhams.com
