Chevron pointing up icon

Contesting a Will

Solicitors in London

"Osbornes feels like a local firm but with a Big City reach."

The Legal 500 2019

Contesting a Will

The loss of a loved one and someone you relied upon materially can be devastating. This difficult time can be more stressful if you feel that your loved one has not adequately provided for you in their Will or if you become concerned that the Will may not be valid.

If this is a cause of concern that you are facing you may be able to contest the Will in question. Our expert solicitors can sensitively advise and guide you through this difficult period and complex area of law.

Upon gathering the facts of your situation our solicitors will be able to tell you whether or not you have a case to challenge / contest the Will.

Common grounds for contesting a Will:

You may be able to contest a Will based on the following grounds:

  • Uncertainty over the validity of the Will – Contesting a Will because of discrepancies or irregularities in the way it was prepared or signed.
  • Lack of testamentary capacity – A document can be challenged or disputed on the basis that the document was never intended by the deceased to be a Will
  •  Lack of knowledge and approval – A Will can be opposed because the deceased did not understand and approve the Will
  • Undue influence – A Will can be disputed or challenged because the deceased was improperly and unduly influenced when the Will was made
  • Forgery / fraud – A Will can be disputed or challenged if it is fraudulent or a forgery.
  • Under the Inheritance (Provision for Family and Dependants) Act 1975 – A Will can be contested or challenged on the ground that it excludes, or fails to make adequate provision for, certain categories of people who feel they ought to have been provided for in the Will.
  • Contradicting a previous promise –  A Will can be disputed or challenged because it contradicts a promise or commitment that the deceased made about the Will before passing away.

How long do you have to contest a will?

For claims under the 1975 Act, six months is the primary time limit for contesting a will from the date of the grant of representation, but we would suggest that you seek advice on challenging / contesting a will from one of our probate lawyers as soon as possible after the date of death. There may also need to be other urgent steps to be taken to protect your position.

If the time period has lapsed in which you can contest the will it is still worth contacting us to find out whether or not there is anything we can do for you.

Bringing or defending probate proceedings

These sorts of claims are increasing in number. A claim may be necessary if the PRs are not behaving appropriately or if, say, one of the beneficiaries refuses to vacate an estate property or hand over estate assets. It may be necessary to apply to the court to remove a PR or the PRs may have to deal with a claim for proprietary or promissory estoppel.

Specialist legal advice is necessary in all such circumstances.

Speak to a Lawyer

Accreditations

Latest Wills, Probate & Disputed Estates News


Osbornes Law Osbornes Law @osborneslawyers RT @jellymalin: I woke up with a sudden desire to start a book 📚 club in North London, featuring lots of cheese & wine. Would you guys wann… 4 weeks ago
Osbornes Law Osbornes Law @osborneslawyers RT @camdencyclists: Only six days left to say to Camden "KEEP TAVI PLACE MOTORS EASTBOUND" https://t.co/YkDDnKq9Ga https://t.co/UUO6DdDQpt 4 weeks ago
Osbornes Law Osbornes Law @osborneslawyers @osborneslawyers launching new advert @ #Hampstead tube very soon. Here is a clue as to the theme!! @HandHSocHeathhttps://t.co/mAccFfxYdW 4 weeks ago
Osbornes Law Osbornes Law @osborneslawyers @osborneslawyers very proud to be involved in such an important project. https://t.co/5xZyFmEvRB 4 weeks ago
Osbornes Law Osbornes Law @osborneslawyers Great night at the #BritishLegalAwards. Privilege for @osborneslawyers to be up for UK Law Firm of the Yr with thes… https://t.co/MV2j7TUs0c 7 weeks ago
Osbornes Law Osbornes Law @osborneslawyers RT @PriorSteph: ⁦@osborneslawyers⁩ ⁦@ClaireAndrews36⁩ ⁦@FreedmanMark⁩ ⁦@RobertAylott⁩ We are having a great time at Hilton Deansgate Manche… 7 weeks ago
Osbornes Law Osbornes Law @osborneslawyers Big night for @osborneslawyers with TWO award ceremonies. Family Law Firm of the Yr #FamilyLawAwards & Claimant PI… https://t.co/0HLg61m0Wy 7 weeks ago
Osbornes Law Osbornes Law @osborneslawyers Congrats to @FreedmanMark and @LisaPepperLaw @osborneslawyers who both feature in the @SpearsMagazine 500 2019 guid… https://t.co/ZL8d8yb05I 9 weeks ago
Osbornes Law Osbornes Law @osborneslawyers Very good article in today's @standardnews - @BenPosford1 demanding that the families of the Croydon Tram Crash get… https://t.co/a1b8M3j8Jt 10 weeks ago
Osbornes Law Osbornes Law @osborneslawyers Well said @BenPosford1. These are questions that should have been answered by now. @osborneslawyers https://t.co/0MUMWYWP16 10 weeks ago

Introducing Your Wills, Probate & Disputed Estates Legal Team

Osbornes has an experienced team of specialist wills-probate-disputed-estates lawyers to assist with your case / situation

arrow pointing up

Camden

Livery House, 9 Pratt Street, London NW1 0AE
Tel: 020 7485 8811 Fax: 020 7485 5660
DX Number 57053 Camden Town

Hampstead

28A Hampstead High Street, Hampstead, NW3 1QA
Tel: 020 7485 8811 Fax: 020 7485 5660

Contact a Lawyer

Enter your details below to receive a call from Osbornes:


Trustpilot

Speak To A Lawyer

Speak To A Lawyer

Speak

To a

Lawyer