Trusted Will Dispute Solicitors

To get the support you need, call 0151 236 8871 or book a call with our legal experts.

If a Will needs to be contested then we can assist you. We deal with all aspects of these disputes, whether it is:

• Challenging the validity of the Will on the basis that the necessary formalities were not complied with
• Claiming that the deceased lacked capacity to make the Will or did not have full knowledge and approval of it
• Allegations of someone having undue influence over the deceased
• Uncertainty in the provisions of the Will
• If you are an executor we can advise you on your obligations and if necessary apply to the court for guidance

Sometimes the deceased has not made a Will, and we can also advise you on issues that arise in those circumstances

How to dispute a will?

To dispute a Will we must show grounds that make it invalid. Typical reasons, although each case will have its own facts, include:

Lack of mental capacity: If the person making the Will (the “testator”) did not fully understand what they were doing at the time;

Undue influence: If someone pressured the testator into making or changing the Will against their true wishes;

Invalid execution: If the Will was not signed or witnessed correctly, it may not be legally valid;

Parties who were excluded from a will;

Fraud or forgery: If the Will was tampered with or faked;

Fraudulent calumny: which is rare and a difficult dispute but can apply where there is an allegation that somebody has poisoned the testators mind, causing them to change their will.

To start, we gather evidence, assess the case and seek to resolve the issues. There are strict time limits for certain types of challenges, so it’s important you act promptly. We will guide you through each step.

Who can dispute a will?

Certain people can dispute a Will, primarily those with a financial interest in the will or the estate of the deceased. These includes:

Creditors: If the testator owed them money, creditors may dispute the will if it affects their ability to recover the debt;

Direct family members: Spouses, children, or dependents who may not have been adequately provided for;

Co-habiting partners: co-habiting partners who were not included in a will or an estate, maybe eligible to seek financial provision, even if they not a beneficiary of a will or a direct family member;

Beneficiaries in the Will: Those named in the Will who feel the terms don’t reflect the testator’s true intentions;

Beneficiaries in a previous Will: Those included in an earlier Will who have been excluded or left with a reduced share in the latest one.