Will Disputes Solicitors

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Will Dispute Solicitors

If you are involved in a dispute over a will, trust or the deceased’s estate, obtaining specialist legal advice can help you understand your options and take the right steps to resolve the issue. Disagreements about inheritance, financial provision or the validity of a will can arise for many reasons, and early guidance from experienced solicitors can prevent matters from escalating into lengthy court proceedings.

JMW’s will dispute solicitors advise beneficiaries, executors, trustees and others involved in estate and trust disputes and contentious probate matters. Our team provides practical advice and expert legal support in cases involving contested wills, Inheritance Act claims and other probate and trust disputes.

Our private wealth disputes team works with clients across the UK to resolve disputes as efficiently as possible, often through negotiation or alternative dispute resolution. Where necessary, we also represent clients in legal proceedings to protect their position and secure a positive outcome.

If you need assistance with a will or trust dispute, contact JMW’s specialist solicitors today. Call 0345 872 6666 or complete our online enquiry form to request a callback.

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How JMW Can Help

JMW’s contentious probate solicitors advise and represent individuals, families and professionals involved in will disputes, probate disputes, trust disputes and wider estate litigation. We act for beneficiaries, executors, trustees and other interested parties, including business owners, entrepreneurs, sports personalities, medical professionals and charities named within a will or trust.

Our private wealth disputes team advise on a wide range of estate disputes, including:

Our team provides practical advice and expert legal support to help resolve disputes concerning a deceased person’s estate. We aim to resolve matters as efficiently and cost-effectively as possible, often through negotiation or alternative dispute resolution. Where necessary, we represent clients in court proceedings to protect their position and pursue a positive outcome.

We work closely with colleagues in our wills, trusts, tax and succession planning and Court of Protection teams to provide specialist advice where disputes involve issues such as mental capacity, estate administration or the interpretation of a will. This collaborative approach allows us to address complex contentious probate matters with the benefit of wider expertise.

Every matter is handled with sensitivity and discretion. Each case is allocated a solicitor supported by a trainee or paralegal, so you always have a clear point of contact and your case is managed carefully throughout the legal process.

Many law firms assist with drafting wills and administering the estate upon death, but it is important to note that where a will dispute arises, it is a separate and distinct area of law and has its own regulations and procedures that should be applied. For that reason, it is always best to seek legal advice from a specialist contentious probate solicitor, as they will be familiar with the rules and procedures specific to this area of litigation.

Meet Our Team of Will Dispute Solicitors

Our experienced private wealth disputes team specialise in will disputes, offering expert legal advice and practical support.

Alison Parry

Partner

Image of Ben Wilson a Partner who specialises in Will Disputes

Ben Wilson

Partner

Ian Johnston

Partner

Candy Stockton

Partner

Claire Brierley

Partner

Ameliah McLaren-Parker

Associate

Matilda Hall

Solicitor

Image of Sarah Corbridge a Solicitor specialising in Will Disputes

Sarah Corbridge

Solicitor

Case Studies

Successful settlement for client in respect of a challenge to a Will dispute

Head of JMW’s Will Disputes team, Alison Parry, has successfully resolved a dispute between siblings in respect of their deceased parent’s estate.

Successful removal of Executors of a Will for failing to act in the best interests of an estate

Senior associate solicitor Claire Brierley was able to have the executors of a will removed.

View our case studies

View Video Transcript

I'm Alison Parry. I'm a partner at JMW and Head of the Contentious Trusts and Probate team here. There are several grounds on which you could contest a will. These are lack of required testamentary capacity, lack of knowledge and approval of the contents of the will, undue influence.

A lack of the formalities required for will writing and also fraudulent calumny, which is where the testator's mind has been poisoned in order to leave his estate in a different manner than he would otherwise have done so. In order to make a will, you need what is known as testamentary capacity. It can be very difficult to show that there was undue influence in the creation of a will because you have to show that somebody was actually coerced into making it. In order to look at evidence in this field, we look at witnesses who may have known the deceased well, and we would also look to obtain medical accord to see whether there are any relevant entries in those notes that might indicate their vulnerability to that influence.

There are a number of people who may be able to claim for reasonable provision out of somebody's estate. This is a spouse or civil partner, a former spouse or civil partner as long as they've not remarried or formed another civil partnership, a child of the deceased, somebody who was treated as a child of the deceased, somebody who was immediately before the deceased death, maintained by the deceased by the holy partly and somebody who was living in the same household as the deceased as husband or wife or civil partners for at least two years before their death. Where it's a spouse or a civil partner.

The provision you might expect is what is reasonably required for your maintenance in all circumstances.

For anybody else you will see to claim, then the test is what is reasonably required for their maintenance.

Certain claims have a time limit of six months from the date of the grant of probates. It's always advisable to bring it as early as possible because there will be more evidence you can gather sooner to the event.

Where a claim concludes with a court hearing at trial, then usually the position is that the loser will be able to pay the winner's costs. The court however has ultimate discretion over who pays the cost and can make a different order if it feels the appropriate to do so. There are several ways in which you could resolve a dispute without going to court. The most common of these are negotiation between the parties and mediation. To contest a will, it's usually sensible to get a solicitor's advice from the outset. These claims can be quite complex and emotionally draining. And the solicitor will talk you through your concerns and be able to have very much firmly in mind what you want to achieve out of it.

Our Accreditations

Solicitors on the private wealth disputes team have received professional accreditation from numerous organisations and associations, including:

  • The Legal 500: JMW have been described as a "great team" with "good legal knowledge and a commercial approach to litigation. The team moves very quickly, and is very calm and knowledgeable". The publication also states that the team are "the largest specialist contentious probate team in Manchester, and probably in the North West. Market leaders in the area, with strength at all levels", and that "the team is quite large, so has capacity to respond quickly, and they have a wide breadth of experience and knowledge between them".
  • Chambers and Partners High Net Worth Guide: JMW’s will disputes team is described by an interviewee as a “professional, modern firm delivering expert advice”. Alison Parry is described as “one of the best litigators in Manchester” and her “strengths are her obvious expertise, her capability and her empathy”.
  • The Association of Contentious Trusts and Probate Specialists (ACTAPS): Membership to this association requires solicitors to meet certain criteria based on their performance in this line of work.
  • Society of Trusts and Estate Practitioners (STEP): Membership of STEP demonstrates our commitment to high professional standards and continued professional development, building the confidence, respect and trust of our clients.

Special Interest Group for Contentious Trusts and Estates: Members of this group are focused on international trust and estate law while promoting best practice in the handling of contentious trust and estate disputes and trustee litigation.

Common Grounds for Contesting a Will

There are several legal grounds for contesting a will in England and Wales. A will dispute may arise where there are concerns about the validity of the will, the circumstances in which it was created, or concerns as to whether it accurately reflects the deceased’s intentions. Our contentious probate solicitors can assess the available evidence and provide specialist advice on whether there are grounds for contesting a will.

Common grounds for contesting a will include:

  • Lack of testamentary capacity: the person making the will must have the mental capacity to understand the nature and effect of the document and the extent of their assets, and appreciate the claims of those who might reasonably expect to benefit. If the deceased lacked the required capacity when the will was prepared, it may be possible to challenge the validity of the will using evidence such as medical records and witness statements.
  • Undue influence or financial abuse: a valid will must reflect the deceased’s own free will. If a family member or other individual pressured the person making the will or exerted undue influence over their decisions, the will may be contested.
  • Improper execution of the will: under the Wills Act 1837, a will must be properly executed. This means the document must be signed by the person making the will and witnessed by two independent witnesses. If these requirements were not followed, the will may be invalid.
  • Fraud or forgery: a will may also be disputed if there is evidence that it was created through fraud or forgery, such as a forged signature or alterations made without the deceased’s knowledge.
  • Lack of reasonable financial provision: even where a will is valid, certain individuals may bring claims under the Inheritance (Provision for Family and Dependants) Act 1975 if they have not received reasonable financial provision from the deceased’s estate. This may apply to spouses, civil partners, children or people who were financially dependent on the deceased.

Who Can Contest a Will?

In England and Wales, only certain people have the legal standing to contest a will or bring a claim against a deceased person’s estate. This usually includes individuals who have a direct interest in the estate or who believe they should have received financial provision.

People who may be able to contest a will or bring Inheritance Act claims include:

  • Beneficiaries named in a current or previous will: if a beneficiary believes the existing will is invalid or does not accurately reflect the deceased’s intentions, they may challenge the will.
  • Family members of the deceased: spouses, civil partners, children and other close relatives may have grounds to dispute a will, particularly where they believe the deceased lacked mental capacity or was subject to undue influence.
  • Former spouses or civil partners: in certain circumstances, former spouses may be able to bring financial claims against the deceased’s estate, particularly if financial obligations remained in place at the time of death.
  • Individuals who were financially dependent on the deceased: someone who relied on the deceased for financial support may be able to bring a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
  • Executors or trustees involved in estate administration: disputes may arise between executors, trustees or other interested parties during the administration of a deceased person’s estate.

Our contentious probate solicitors provide practical advice on who can contest a will and whether a particular claim is likely to proceed under the legal framework governing will disputes in the UK.

What Evidence Is Needed for Contesting a Will?

Contesting a will usually requires clear evidence to support the grounds of the dispute. The type of evidence needed will depend on the nature of the claim, such as whether the issue relates to testamentary capacity, undue influence or the way the will was executed.

Common types of evidence used in will disputes include:

  • Medical records: these may be used to assess the deceased’s mental capacity at the time the will was prepared, particularly where there are concerns that the deceased lacked testamentary capacity.
  • Witness statements: statements from individuals who were present when the will was signed, or who had knowledge of the circumstances surrounding the will, can clarify whether the will was properly executed and reflected the deceased’s wishes.
  • Earlier or previous wills: comparing the existing will with a previous will can sometimes reveal inconsistencies or changes that raise questions about the deceased’s intentions.
  • Notes from the will writer or solicitor: records kept by the professional who prepared the will may provide insight into the instructions given by the person making the will and the process followed during its preparation.
  • Financial or personal records: documents relating to the deceased’s finances, relationships or living arrangements may demonstrate financial dependency, undue influence or other relevant circumstances.

JMW’s contentious probate solicitors can gather and review evidence on your behalf to determine whether there are grounds for contesting a will and support your position if legal proceedings become necessary.

How Much Does it Cost to Contest a Will?

The cost of contesting a will varies depending on the complexity of the dispute, the time involved and whether the matter proceeds to court proceedings. Many will disputes can be resolved through negotiation or mediation; in these situations, the parties involved can discuss how legal costs should be shared as part of any settlement agreement.

If the dispute proceeds to court, the judge will decide how legal costs and court fees should be allocated between the parties. In some cases, the court may order one party to pay another party’s legal costs, although this will depend on the circumstances of the case.

There are several ways that the cost of a will dispute may be covered, depending on your circumstances. These include:

  • Legal expenses insurance: some insurance policies include cover for legal costs relating to estate disputes or probate disputes.
  • No win, no fee agreements: also known as conditional fee agreements, these agreements mean that you will not owe any legal costs if your claim is unsuccessful, meaning there is no financial risk to you. If this is an option in your circumstances, we will explain this to you fully in advance to make sure you understand the terms.
  • Deferred fee agreements: payment of legal fees may be deferred until the conclusion of the matter.
  • Private monthly billing: clients may choose to fund the case through regular billing during the legal process.

We understand that funds and assets may be tied up in the deceased’s estate while a dispute is ongoing. In certain circumstances, we can offer flexibility around payment arrangements to help you manage legal costs while the matter is being resolved.

Your first consultation with our will dispute solicitors is free of charge, and there is no obligation to proceed. During this discussion, we will explain the legal process, assess your particular claim and outline the funding options available to you. Our aim is always to ensure that you have a clear understanding of the potential costs involved in bringing or defending a claim.

FAQs About Will Disputes

Q
What is needed from a will to avoid potential disputes?
A

Clear planning is one of the best ways to reduce the risk of estate disputes. A valid will should accurately reflect the deceased’s wishes, deal clearly with the distribution of their assets and be properly executed in line with the Wills Act.

When a person dies without leaving a will, their estate is distributed under the intestacy rules. These may not reflect the deceased’s intentions and can create disagreements among family members or others who expected to inherit or who were financially dependent on the deceased.

Even where a will exists, disputes can still arise if there are concerns about the circumstances in which it was created, the deceased’s mental capacity, or whether reasonable financial provision has been made for certain individuals.

If you are involved in a disagreement concerning a deceased person’s estate, our contentious probate solicitors can provide practical advice and help you understand the legal options available to resolve the dispute.

Q
What factors can contribute to a contentious probate dispute?
A

There are several common factors that can lead to probate disputes or estate litigation, including:

  • Complex family structures: divorce, remarriage, cohabitation and children from multiple relationships can create complicated family arrangements. This can make it harder for the person making the will to distribute their estate in a way that satisfies all family members, which can lead to estate disputes.
  • Estrangement or lack of contact: family members who live far apart or who have limited contact with the deceased may sometimes find they have been left out of a will. Situations involving estranged family members can sometimes result in disputes over the deceased’s estate.
  • Greater awareness of legal rights: increased media coverage of inheritance claims and will disputes has raised awareness of the legal options available when someone believes a will does not reflect the deceased’s intentions or fails to provide reasonable financial provision.
  • Larger estates: rising property values mean that many estates now contain significant assets. Where the deceased’s estate is substantial, there may be a greater likelihood of inheritance claims or disputes over the distribution of assets.
  • An ageing population: conditions that affect mental capacity become more common with age. This can lead to challenges based on testamentary capacity or allegations of undue influence.
  • DIY wills: some people prepare a will without professional advice. Errors in drafting, issues with proper execution under the Wills Act, or unclear intentions can increase the likelihood of contested wills and probate disputes.
Q
Can I write my own will?
A

It is possible to write your own will without legal advice, and a will created in this way can still be valid if it complies with the requirements of the Wills Act. However, mistakes in drafting, unclear wording or failure to ensure the will is properly executed can create ambiguity and increase the risk of disputes after a person dies.

DIY wills are a common cause of contested wills and probate disputes. Errors may lead to questions about the validity of the will, the interpretation of the deceased’s wishes or how the deceased’s estate should be distributed. This can result in delays to estate administration, additional legal costs and, in some cases, court proceedings.

JMW offers a professional will-writing service to produce a valid will on your behalf and take notes to prove that the document accurately reflects the person making the will’s intentions, as well as to assess that they have the requisite capacity to make a will. Taking legal advice when preparing a will can reduce the likelihood of estate disputes and protect the interests of family members and other beneficiaries.

Q
Will I have to go to court?
A

Many wills and probate disputes can be resolved without court proceedings. In a large number of cases, the parties involved are able to reach an agreement through negotiation, mediation or other forms of alternative dispute resolution.

Our contentious probate solicitors aim to resolve estate disputes as efficiently as possible and will explore opportunities to settle matters without issuing court proceedings wherever appropriate. This approach can reduce legal costs and avoid unnecessary delays during the legal process.

However, in some cases, it may be necessary to issue court proceedings, particularly if an agreement cannot be reached or if a dispute involves complex issues concerning the validity of a will or the administration of the deceased’s estate. If your case does proceed to court, our probate lawyers will guide you through each stage of the legal process and represent your interests throughout the proceedings.

Q
How long do I have to raise a will dispute?
A

The time limit for contesting a will depends on the type of claim being brought. Different rules apply depending on whether the dispute relates to the validity of the will or a claim for reasonable financial provision from the deceased’s estate, but in all cases the sooner a claim is brought, the better the chance of a quicker resolution.

For claims under the Inheritance (Provision for Family and Dependants) Act, the general time limit is six months from the date the grant of probate or grant of representation is issued by the Probate Registry. These claims are often brought by spouses, civil partners, children or other individuals who were financially dependent on the deceased and believe they have not received reasonable financial provision from the estate.

In some circumstances, it may still be possible to bring a claim after this six-month period has passed, but permission from the court will usually be required and the reasons for the delay will be considered carefully.

Challenges relating to the validity of a will - for example, where there are concerns about testamentary capacity, undue influence or whether the will was properly executed - do not always have a strict statutory time limit. However, it is still advisable to act promptly. Once probate has been granted, it can make resolving a dispute more complicated, and there is a chance that assets will already have been distributed to others.

Q
Can I still contest a will once probate has been granted?
A

Yes, it may still be possible to contest a will after probate has been granted, although acting early is usually advisable. Once the grant of probate is issued by the Probate Registry, the will becomes a public document and the executors are authorised to begin administering the deceased’s estate. This can include collecting assets, paying debts and distributing the estate to beneficiaries.

If estate administration has already begun, it may become more difficult to reverse transactions or recover assets that have been distributed. For example, property belonging to the deceased’s estate may have been sold or funds may already have been paid to beneficiaries by the time a dispute is raised. While court proceedings can still be issued in some circumstances, resolving the dispute can become more complex once these steps have taken place.

At JMW, our contentious probate solicitors can review the circumstances surrounding the deceased’s estate, explain the options available to you and advise on whether it is still possible to pursue a claim after probate has been granted.

Talk to Us

If you are involved in a dispute over a will or the distribution of a deceased person’s estate, JMW’s will dispute solicitors can provide the specialist advice and support you need. Our private wealth disputes team advises individuals, families and other interested parties on contested wills, Inheritance Act claims and a wide range of estate disputes.

To speak to one of our experienced will dispute solicitors, call 0345 872 6666, or complete our online enquiry form and a member of our private wealth disputes team will get in touch.