Contesting a Will: What You Need to Know and Why Early Advice Matters

Specialist Contentious Probate Solicitors | Nationwide Representation | No Win No Fee Options Available

A will should offer certainty, clarity and peace of mind. Yet, for many families, it becomes a source of dispute, confusion or distress particularly when the contents of the will seem unexpected or unfair. In some cases, concerns arise about how the will was prepared, whether it reflects the true wishes of the deceased, or whether certain people have been wrongly excluded.

At David J Forster & Co Solicitors Group, we advise clients throughout England and Wales on all aspects of will disputes and inheritance claims. If you are concerned about a will, or believe you may have grounds to challenge one, our team of specialist contentious probate solicitors can help you assess your position with clarity, discretion and compassion.

When Can a Will Be Challenged?

Wills can be contested in two principal ways:

• By disputing the validity of the will itself, or

• By making a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, even where the will is otherwise valid.

Both routes are legally complex and time-sensitive. Understanding your legal position early and taking the right first steps can significantly improve the outcome.

Grounds for Contesting the Validity of a Will

The law sets out specific grounds on which a will can be declared invalid. These include:

1. Lack of Testamentary Capacity

The person making the will must have understood what they were doing, what their estate comprised, and who they owed moral or legal obligations to. If a will was signed at a time when the person lacked capacity, perhaps due to illness, cognitive impairment or undue medication, it may not be legally binding.

2. Undue Influence

A will can be set aside if it was made under pressure, manipulation or coercion. This may involve someone taking control of the testator’s affairs, isolating them from family, or persuading them to make significant changes that benefit one individual to the detriment of others.

3. Improper Execution

A valid will must meet the formal requirements of the Wills Act 1837. If, for example, it was not signed in the presence of two independent witnesses, or if one of the witnesses was also a beneficiary, it may be invalid.

4. Fraud or Forgery

In rare cases, a will may be forged, tampered with or executed on the basis of deceit. Such allegations require immediate legal advice and may involve specialist evidence.

5. Lack of Knowledge and Approval

Even where a will has been properly signed and witnessed, it may still be challenged if the person signing it did not truly understand or approve of its contents, for example, where someone else prepared the document or where its terms were concealed.

What If You Were Left Out or Not Properly Provided For?

Even if a will is valid, the law provides protection for certain people who have not been adequately provided for. Under the Inheritance (Provision for Family and Dependants) Act 1975, you may be entitled to claim financial provision if you were:

• A spouse or civil partner of the deceased;

• A cohabiting partner (living with the deceased for at least two years before death);

• A child or adult child, including those treated as children;

• A person financially dependent on the deceased at the time of death.

These claims are not about rewriting the will but about ensuring fairness where the deceased had a duty to support you. It’s important to note that these claims are usually subject to a six-month time limit from the date of the grant of probate.

Who Can Bring a Will Dispute?

We advise clients who are:

• Named or former beneficiaries;

• Excluded spouses, partners or children;

• Family members concerned about late-stage will changes;

• Executors or trustees concerned about validity or the risk of claims;

• Individuals financially dependent on the deceased who were not included.

If you are uncertain about whether you have a claim, an initial conversation with a solicitor can provide essential clarity.

Why Early Legal Advice is Crucial

Disputes over wills often arise during a period of grief, emotion and family tension. Acting promptly and strategically can help protect your position, preserve assets, and avoid costly litigation. At David J Forster & Co, we assist clients from the earliest stages of a dispute including pre-action negotiations and Larke v Nugus requests, through to mediation or court proceedings where necessary.

Our aim is always to resolve matters in the most cost-effective and dignified way possible. Where appropriate, we offer No Win No Fee funding options, subject to a full case assessment and the nature of the claim.

Why Choose David J Forster & Co Solicitors Group?

• We are a firm with dedicated expertise in contentious probate and inheritance law.

• We operate across England and Wales, with offices nationally and the capacity to act quickly.

• We offer clear advice, realistic prospects, and a track record of resolving disputes through skilled negotiation and, where necessary, litigation.

• We provide flexible funding, including Conditional Fee Agreements (No Win No Fee) in suitable cases.

Above all, we understand the human aspect of probate disputes and provide legal support that is both technically strong and sensitive to your circumstances.

What Should You Do Next?

If you are worried about the contents of a will, or if you believe you may have grounds for a claim, do not delay. Time limits are strict, and the earlier advice is taken, the more options you will have.

Contact our specialist contentious probate team today for a confidential, no-obligation consultation. We will review your circumstances, advise on your legal position, and discuss next steps so you can act with confidence and protect your future.

David J Forster & Co Solicitors Group
Your first point of contact for contested wills, inheritance disputes and professional probate advice

Article by Nicole Nedungadi, Private Client Solicitor

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