Understanding Will Disputes and When to Challenge
Contesting a will can be one of the most difficult decisions a family faces. Disagreements often arise when there are doubts about whether a will reflects the true wishes of the deceased person. At Vault Private Client, our specialist will dispute lawyers provide clear, practical advice on both contesting a will UK and defending a contested will.
You may need to challenge the validity of a will in situations such as:
- Lack of testamentary capacity – the individual did not fully understand what they were signing.
- Undue influence or suspicious circumstances – the will was made under pressure or coercion.
- Invalid execution – the will was not properly signed or witnessed.
- Lack of knowledge and approval – the person was unaware of or did not agree to the will’s contents.
Family members or a financial dependent may also be entitled to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if reasonable provision has not been made for them.
Our disputes solicitors understand that emotions run high during these cases. We help you explore the grounds to contest, manage the legal process, and where possible, resolve disputes without the need for lengthy High Court proceedings.
Defending and Resolving a Contested Will
If you are an executor or beneficiary, you may find yourself defending against someone seeking to contest a will in England and Wales. In these cases, our team will protect your position and ensure the estate is distributed according to the law and the deceased’s intentions.
We can advise on:
- Claims relating to capacity at the time the will was signed.
- Allegations of undue influence or fraud.
- Disputing a will UK claims from excluded or dissatisfied family members.
- Entering a caveat at the probate registry to pause proceedings.
Our lawyers aim to reduce stress and uncertainty by offering early legal advice and exploring cost-effective solutions such as mediation. However, if a full legal challenge is unavoidable, we will provide robust representation to safeguard your interests.
Frequently Asked Questions.
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1. Can you contest a will after probate?Yes, but time is essential. If you believe the deceased lacked capacity, you technically have 12 years to make a claim. However, if you don't act quickly, the estate will likely be administered with a risk of asset dissipation.
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2. What are the main grounds for contesting a will?The main grounds to contest include lack of testamentary capacity, undue influence, fraud, or invalid execution. In some cases, a financial dependent may also claim under the Inheritance Act 1975 if reasonable provision was not made.
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3. How long do I have to contest a will?Time limits vary. Inheritance Act claims must be issued within six months of the grant of probate. Other challenges, such as those based on fraud, may have different limits. Always seek early advice to protect your rights.
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4. What is the cost to contest a will?The cost to contest depends on the complexity of the case and whether it reaches court. In some cases, costs may be paid from the estate, but this is not guaranteed. We will provide clear guidance before you proceed.
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5. Is mediation an option in a contested will?Yes. Mediation is often used to resolve disputes more quickly and with lower legal costs. It can help preserve family relationships while still reaching a fair settlement.
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THE BEST IN THE BUSINESS.
Our team of dedicated will dispute lawyers combines deep legal expertise with empathy, guiding clients through challenging and emotional circumstances. Whether you are seeking to contest a will or defend one, we work tirelessly to protect your interests while aiming for the most cost-effective resolution.
Russell Kaminski
Partner and Head of Private Client
Lucy Cresswell
Associate
Alison Rocca
Partner
Jason Stanley
Partner
Holly Greensmith
Solicitor
Mark Dawson
Chief Executive Officer
Amanda McAlister
Head of Group Consumer Brands
Because we are here to help you.
If you are considering challenging a will UK, defending against a claim, or simply want to understand your options, Vault Private Client can help.
Contact our expert team today for confidential advice and tailored support.
"Lucy and Russell are brilliant. They had helped my family and were very easy going. We felt no pressure whatsoever and they are highly knowledgeable. Thank you.”
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