Contentious Probate Solicitors Bristol

Contest A Will

If you live in Bristol, Bath, or nearby areas, we partner with specialist contentious probate solicitors who cover that region and can advise you on your rights, whether you’re contesting a will or defending one. When a loved one passes away, emotions run high especially if there are disagreements about the will or estate.

In Bristol and the surrounding areas, more families are facing these difficult situations as property values rise and complex family arrangements become common. Disputes about wills or inheritance fall under what’s known as contentious probate. These often start because someone feel they’ve been unfairly left out or there are questions over the will’s validity.

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Who Can Challenge a Will?

Not everyone can legally challenge a will in England and Wales. You can usually make a claim if you are:

• A beneficiary in the current or a previous will
• A family member who would inherit under intestacy laws (if there’s no will)
• A dependant who relied on the deceased for financial support
• A creditor owed money by the estate

If you’re unsure whether you have a valid claim, your contentious probate solicitor can assess your situation and explain your options before you start any formal action.

Common Grounds to Challenge a Will

There are several legal reasons why a will may be invalid. Below are the most common grounds for challenging a will:

1. Lack of Testamentary Capacity

The person making the will (the testator) must have mental capacity when they sign it. They must be able to understand:

• That they are making a will
• What assets they own
• Who might have a claim to their estate

If your loved one suffered from dementia or another mental condition that affected their understanding, you may be able to challenge the will. Medical evidence from their GP or specialist is often critical in these cases.

2. Lack of Valid Execution

Under the Wills Act 1837, a valid will must:

• Be in writing
• Be signed by the testator
• Be witnessed by two independent people present at the same time

If these steps weren’t followed, the will may not be valid. For example, if one witness wasn’t actually present, or the signature doesn’t match the testator’s, you could challenge the document.

3. Undue Influence or Coercion

A will must reflect the free wishes of the testator. If someone pressured, manipulated, or coerced them into changing their will, it can be challenged for undue influence.

Signs of undue influence may include:

• Sudden or unexplained changes to a will
• The testator being isolated from family or friends
• A beneficiary arranging the will or keeping it secret

A solicitor experienced in will disputes can help investigate and gather the evidence needed to support this type of claim.

4. Fraud or Forgery

If a will or any of its signatures were forged or altered, it can be declared invalid for fraud. This might involve forged signatures, substituted pages, or misrepresentation of facts to the testator. These claims are serious and usually require forensic handwriting experts and detailed investigation.

5. Lack of Knowledge and Approval

Even if a will was properly signed and witnessed, it can still be challenged if the testator didn’t fully understand what they were signing. This often arises where someone else prepared the will or the testator was vulnerable or ill. The court must be satisfied that the testator knew and approved of the will’s contents.

6. Claims Under the Inheritance (Provision for Family and Dependants) Act 1975

If a valid will leaves you without reasonable financial provision, you may still be able to claim under the Inheritance Act 1975. This law allows spouses, partners, children, and dependants to apply for additional provision from the estate. These cases don’t dispute the will’s validity but seek fair financial support.

How to Start Your Contentious Probate Claim

If you believe you have grounds to challenge a will, you’ll need to act quickly and follow the correct legal steps:

1. Speak to a Specialist Solicitor

The first and most important step is to seek advice from a contentious probate solicitor who covers the Bristol area. They can explain your rights, assess whether your claim is valid, and outline the best course of action. Acting early can prevent the estate from being distributed before your dispute is resolved.

2. Enter a Caveat at the Probate Registry

If you want to pause the probate process while investigating your claim, you can enter a caveat. This prevents the executors from obtaining a grant of probate, giving you time to collect evidence and negotiate with other beneficiaries. A caveat lasts for six months and can be renewed if needed. Your solicitor can help you with this.

3. Gather Evidence

Strong evidence is vital to support your claim. This may include:

• Medical records or doctors’ reports
• Witness statements from family or carers
• Copies of earlier wills
• Financial or communication records suggesting undue influence

Your solicitor will help you identify and obtain the right evidence to strengthen your case.

4. Attempt Mediation or Settlement

Many will disputes are settled through mediation rather than going to court. Mediation allows all parties to discuss their concerns confidentially with a neutral mediator. It’s often quicker, far less costly, and less stressful than taking the matter to court. It may also help preserve family relationships where possible.

5. Court Proceedings

If negotiations fail, your solicitor may recommend taking your claim court. The court will review all the evidence and decide whether the will is valid or if changes should be made to the distribution of the estate. Court proceedings can take time, so having expert legal support is essential.

Contact Us

Challenging a will is never easy – but if you suspect something isn’t right, you have legal options. If you live in Bristol, Bath, Taunton, Weston-super-Mare, or nearby, don’t delay. Seek professional advice as soon as possible to understand your rights and take the first step toward resolving your dispute.

Our panel of experienced contentious probate solicitors offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

📞 Call us now on 0333 358 2345📧 Or contact us online to get help and advice today.

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