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Individual / Will Disputes & Contentious Probate
People are generally free to leave their money and possessions to whoever they choose. But when a will does not reflect what the person really wanted, or when it was not made properly, you may be able to contest it. Our specialist contentious probate solicitors can tell you quickly whether you have grounds to challenge a will, and guide you through every step.
Call us on 0161 930 5151 or email willdisputeteam@gorvins.com for a confidential, no-obligation conversation about contesting a will.
Yes. A will can be challenged in England and Wales, but only on specific legal grounds and usually only by people with a sufficient interest in the estate. That normally means a beneficiary of the current or a previous will, someone who would inherit under the intestacy rules, or a person who was financially dependent on the deceased.
There are two broad types of claim, and they are often confused:
The right route depends on your circumstances, and the two can sometimes be pursued together. We will help you identify which applies to you.
A will can be challenged on validity grounds if one or more of the following applies:
The person must have had the mental capacity to understand what they were doing when they made the will. If they were affected by dementia, a stroke, a brain injury or another condition affecting their mind, the will may be invalid. The test comes from the case of Banks v Goodfellow, and medical records and expert evidence are often central to these claims.
If the person was pressured, manipulated or coerced into making or changing their will, so that it reflects someone else’s wishes rather than their own, the will can be challenged. Undue influence is notoriously difficult to prove, which is why early advice and careful evidence-gathering matter.
The person must have known and approved the contents of their will. If there are suspicious circumstances, for example a beneficiary was heavily involved in preparing the will, the court may require proof that the deceased genuinely understood and approved what it said.
A will must meet the formal signing requirements set out in the Wills Act 1837. It must be in writing, signed by the person making it, and witnessed correctly by two independent witnesses. If these formalities were not followed, the will may be invalid. This is a common problem with homemade wills and DIY will kits.
Although rare, wills are sometimes forged, or a fraudulent will is created to hide the existence of the real one and favour different beneficiaries. Where fraud or forgery is suspected, expert handwriting and document analysis may be needed.
This lesser-known ground applies where someone poisons the mind of the person making the will against a potential beneficiary, by making dishonest statements about them, causing that person to be cut out.
The time limit depends entirely on the type of claim, and this is one of the most important things to get right:
Because deadlines can be short and unforgiving, you should take legal advice as soon as you have concerns, ideally before probate has been granted.
If you are worried that a will is invalid and want time to investigate, you can enter a caveat at the Probate Registry. A caveat prevents a grant of probate being issued, which pauses the administration of the estate while your concerns are looked into. It currently costs £3, lasts for six months and can be renewed. Entering a caveat is often the first protective step in a will dispute, and we can arrange this for you quickly.
If a will is declared invalid, the estate does not automatically pass to the person who challenged it. Instead:
This is why it is important to understand the likely outcome before starting a claim. Setting aside a will does not guarantee that you will inherit, and we will always explain the realistic result before you commit to any formal action.
The cost depends on the grounds, the value and complexity of the estate, and whether the matter settles or goes to court. Many disputes are resolved through negotiation or mediation without the need for a full trial, which keeps costs down. We will give you a clear picture of the likely costs and the funding options available, including whether any part of the work can be done on a fixed-fee or conditional basis, at our first meeting.
Our Will Disputes and Contentious Probate team acts for both those bringing and those defending will challenges. We can:
If you cannot find the will, our lost wills solicitors can help trace it first. Where the concern is a specific ground, our specialists in invalid wills involving mental capacity, undue influence, fraudulent wills and negligently drafted wills can advise in more detail.
Gorvins is a Legal 500 recognised firm based in Stockport, acting for clients across Greater Manchester, the North West and nationally.
Call us on 0161 930 5151, email willdisputeteam@gorvins.com, or complete the enquiry form below and we will call you straight back.
Generally, a person with a sufficient interest in the estate: a beneficiary of the current or a previous will, someone who would inherit under intestacy, or a person who was financially dependent on the deceased. The exact route depends on whether you are challenging the will’s validity or claiming reasonable financial provision.
It varies with the grounds and the complexity of the estate. Many claims settle through negotiation or mediation, which reduces cost. We will explain likely costs and funding options, including any fixed-fee or conditional arrangements, at the outset.
Inheritance Act 1975 claims must usually be brought within six months of the grant of probate. Validity challenges have no strict statutory deadline but should be brought promptly, as delay weakens the evidence and complicates recovery once the estate is distributed.
Yes, but it is harder once the estate has been distributed. Inheritance Act claims still face the six-month deadline from probate. Validity challenges can be brought later, but acting before probate, by entering a caveat, gives you far more protection.
That depends entirely on the strength of the evidence for your particular ground. Capacity and undue influence claims turn on medical records and witness testimony. We will give you an honest assessment of the merits before you commit to a claim.
Not necessarily. Most will disputes are resolved through negotiation or mediation without a trial. Court proceedings are a last resort, though we are fully prepared to litigate where a fair settlement cannot be reached.
Wills, Trust & Probate
