Contentious Probate Solicitors Cambridge

When Can You Challenge An Inheritance?

We partner with specialist contentious probate solicitors in Cambridge if you want to challenge an inheritance. Contesting a will is the process of legally challenging the validity or fairness of a deceased person’s will. This can happen in several circumstances, but who can challenge and timing are crucial.

If you have been left out of a will or you are worried if the estate is being poorly managed by an executor, we can help.

Our partner 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.

Contact our team today and we can connect you with a specialist probate solicitor who covers Cambridge or the surrounding area.

Who can contest a will?

To challenge a will, you must be able to show you have a direct interest in the estate of the deceased. This is called having have legal standing and includes:

• A spouse or civil partner
• A child (including adopted or treated as a child)
• A cohabitee or other dependant (in some cases)
• Someone named in a previous will or who would benefit under intestacy rules if the current will is invalid. If you’re simply a friend or distant relative with no dependency or named benefit, it’s likely that you’ll not have standing.

On what grounds can a will be contested?

There are several legal grounds for challenging a will and inheritance. Common grounds may include:

• Lack of testamentary capacity: The person making the will (the testator) did not understand what they were doing, or the nature and extent of their property, or the claims of potential beneficiaries.
• Lack of knowledge and approval: The testator did not fully understand or approve the contents of the will (for example due to illness, reading difficulty, being influenced, etc).
• Undue influence: Someone pressured or coerced the testator into making or changing the will which does not reflect their wishes.
• Improper execution: Under the Wills Act 1837 section 9, a will must be in writing, signed by the testator (or in their presence at their direction) and witnessed by at least two witnesses in their presence. If this wasn’t done, the will may be invalid.
• Fraud or forgery: For example, a forged signature, a fake will, or deceit in the drafting or signing process.

Time limits: When should you act?

Time is critical when contesting a will:

• If you are making a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (commonly “Inheritance Act claim”), you normally have 6 months from the date the grant of probate is issued to bring your claim.
• For claims challenging the validity of the will (lack of capacity, undue influence, improper execution etc), there is no strict statutory time limit, although delay can make your case more difficult. This may be because evidence disappears, assets are distributed etc.
• If probate has already been granted and assets distributed, contesting a will is possible, but practically much harder to achieve.

So when can you contest a will?

You may be able to challenge an inheritance or contest a will if you have legal standing and one or more valid grounds, such as lack of capacity, undue influence, improper execution etc). It’s advisable to act as early as possible, ideally before the grant of probate is issued or before significant distribution of assets. If you wait too long you may lose key evidence or find the estate already distributed.

What Does “Contentious Probate” Mean?

The term contentious probate refers to the area of law dealing with disputes about wills, estates and the administration of estates after someone dies. In simple terms when there are disagreements over a will, an estate or who gets what, that is contentious probate.

Key features of contentious probate include:

• It covers legal challenges to the validity of a will and claims for financial provision under the Inheritance Act.
• It typically involves solicitors specialising in estate and probate disputes rather than plain wills and probate work.
• It is often characterised by higher complexity. This may include international assets, suspicious transactions or red flags over capacity.
• Disputes may be resolved by negotiation or mediation, but many proceed to court if they cannot be resolved.
• It can be costly and emotionally stressful and it carries risks e.g. in some cases you may have to pay the legal costs of the other side).

What Would Be My Next Steps To Contest a Will?

If you believe you may have a claim to contest a will, the following step-by-step guide will help:

1. Get specialist legal advice straight away

Contact our team to be connected  with a solicitor who specialises in contentious probate or wills & estates disputes in Cambridge or neighbouring area. Explain your situation such as your relationship to the deceased and what you believe is wrong. You will also discuss whether the will has been executed, whether probate has been granted and if so, what assets have been distributed etc.

Early advice is key: delay can damage your case.

 2. Check whether a grant of probate has been issued

You can check public records whether probate has been granted already. For example via the Government’s probate search service.

3. Consider lodging a caveat (if probate not yet granted)

If you suspect the will’s validity and probate has not yet been granted, you may ask your solicitor to enter a caveat at the Probate Registry. This prevents a grant being issued (or delays it) for up to six months (and extendable.

4. Gather evidence

Solid evidence is vital for your claim. This may include medical records, documents about the will’s execution, witness statements, financial records showing dependency, correspondence showing pressure or influence etc. The sooner you collect this, the better as memories fade and documents may be misplaced.

5. Establish your grounds for claim

With your solicitor you’ll establish which ground you are contesting on, such as invalid execution, lack of capacity, undue influence, or a financial provision claim. Different grounds have different rules and time limits.

6. Send a letter of claim / attempt mediation

Typically, your solicitor will write to the executor or beneficiaries explaining your concerns (letter of claim). Many disputes can be resolved by negotiation or alternative dispute resolution (mediation) rather than going to court. This can save time and cost.

7. Issue court proceedings if required

If negotiation fails, your solicitor may issue a claim in the correct court. Make sure you do this within any applicable time limits, for example six months for an Inheritance Act claim.

8. Be aware of costs

Challenging a will is not guaranteed to succeed. Even if you win, there may be cost consequences (you might pay your own costs and/or the other side’s). If assets have already been distributed, recovery may be very hard. Your solicitor should clearly explain your chances and cost risk.

9. Monitor for further developments

The executor has duties to administer the estate properly. If you believe they are acting wrongly – e.g., distributing assets too quickly or failing to disclose information – acting early may allow you to intervene.

10. Stay in touch and act swiftly

Because the longer you wait, the weaker your position generally becomes. Assets may be disposed of, witnesses become unavailable, evidence vanishes. Taking swift action significantly enhances your chances.

Take Action Today

Contesting a will is a serious step legally, financially and emotionally. But if you believe something is wrong with the way a will was made, or you were unfairly excluded, you may have grounds to act.

Call us at 0333 358 2345 or contact us online for a free consultation and we can help you 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