Contentious Probate Claims Birmingham

How to Challenge a Will

If you live in Birmingham or surrounding area and believe the Will of a loved one is valid or unfair, our partner contentious probate solicitors can provide professional and efficient help to resolve the dispute. Contesting a Will can feel daunting, especially during a difficult time after losing a loved one. But acting quickly and seeking solid legal advice can help to ensure the estate is handled fairly.

Our partner panel of contentious probate solicitors who help clients in Birmingham offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – call our team now for your free consultation.

What Is a Contentious Probate Claim?

A contentious probate claim arises when someone disputes how a deceased person’s estate is being administered or challenges the validity of their will. These disputes often occur when family members, dependants, or beneficiaries believe something has gone wrong with the will or how the executors are managing the estate.

You can contest a will if you have legitimate reasons to believe:

• The deceased lacked the mental capacity to make or change the will
• Someone unduly influenced them during the process
• The will was not executed properly under the Wills Act 1837
• The will is a forgery or fraudulent
• You were financially dependent on the deceased and the will does not make reasonable provision for you under the Inheritance (Provision for Family and Dependants) Act 1975

In all these situations, the law allows you to challenge the will or how the estate is being distributed.

Who Can Contest a Will?

You can only file a contentious probate claim if you have what’s known as a “legal interest” in the estate. This includes:

• A beneficiary named in the will or a previous version of it
• A spouse or civil partner of the deceased
• A child, step-child, or financial dependant
• Someone who would have inherited under intestacy laws (if no valid will exists)
• A creditor with a financial claim against the estate

If you’re unsure whether you qualify, it’s advisable to speak to a contentious probate solicitor. They can confirm your eligibility and assess whether you have strong grounds for a claim.

Step-by-Step: How to File a Contentious Probate Claim

The process for contesting a will follows several key stages. Acting promptly and following the correct legal procedure can make a significant difference to your success.

1. Seek Specialist Legal Advice

The first and most important step is to consult a solicitor who specialises in contentious probate. They will listen to your concerns, review the will, and explain your legal options. Because this area of law is complex, a specialist can identify the strongest arguments and help you avoid costly mistakes.

Your solicitor will also tell you about time limits – for example, claims under the Inheritance Act must be issued within six months of the grant of probate. Missing this deadline can prevent you from bringing a claim, so early advice is essential.

If you are in Birmingham, our partner probate solicitors cover the city and neighbouring areas and can help.

2. Gather Evidence

Strong evidence forms the foundation of any successful contentious probate case. Work with your solicitor to collect:

• Copies of the will and any previous versions
• Medical records showing the deceased’s capacity when the will was signed
• Witness statements (e.g., from the solicitor who drafted the will)
• Correspondence or documentation about the will’s preparation
• Financial records or communications that show dependency or undue influence

Your solicitor will assess this evidence and use it to build a detailed case strategy.

3. Send a Letter of Claim

Before going to court, your solicitor should send a Letter of Claim to the executors or other parties involved. This letter outlines your allegations, the evidence you’ve gathered, and what you want to achieve, such as setting aside the will or receiving reasonable financial provision.

The other party then has the opportunity to respond within a set time limit. Many disputes settle at this stage through negotiation or mediation, avoiding the cost and stress of court proceedings.

Many contentious probate disputes reach a successful settlement during mediation, saving time, cost, and emotional strain.

4. File Court Proceedings (If Necessary)

If mediation fails, your solicitor can help you issue court proceedings. The court will review the evidence, hear witness statements, and decide whether to uphold or overturn the will.

Court proceedings can take time. However, your solicitor will guide you through each step and fight to achieve the best possible outcome for you.

Why Acting Quickly Matters

Delaying your claim can make it harder to collect evidence or protect estate assets, so take legal advice immediately if you suspect wrongdoing. Every day counts when you suspect a problem with a will. Acting quickly allows your solicitor to:

• Secure vital evidence before it’s lost
• Prevent the distribution of estate assets
• File caveats and applications within required time limits
• Strengthen your negotiating position

Quick, decisive action often leads to faster, more cost-effective resolutions.

Get Expert Help Today

Contesting a will is never easy, but a specialist contentious probate solicitor can guide you through every step. This includes from gathering evidence and filing a claim to negotiating a fair settlement.

By acting quickly and working with an experienced legal team, you can ensure your loved one’s estate is handled lawfully and fairly.

📞 Call us at 0333 358 2345 or contact us online for your initial,  free consultation.

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer