Contentious Probate Solicitors Cardiff

How To Start a Will Dispute

If you think something is wrong with a loved one’s will and live in Cardiff or neighbouring areas, we partner with contentious probate solicitors who can help. This may include different grounds for contesting a will, from whether it’s valid to how assets will be distributed from the estate.

To start a contentious probate claim, it’s advisable  to get advice early, so get in touch with our team today.

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.

What Does ‘Contentious Probate’ Mean?

A contentious probate claim happens when someone disagrees with a will or how an estate is being handled. You might believe:

The will is fake or was signed under pressure

The person who made the will didn’t understand what they were doing

You were unfairly left out of the will

The executor (the person in charge of the will) isn’t doing their job properly

How Do You Start a Will Dispute?

Here are the basic steps to follow if you want to contest a will:

1. Get Legal Advice Early

Speak to a solicitor who specialises in wills and probate. They’ll tell you if you have a strong case and what to do next.

2. Act Quickly

There are time limits. For example, if you’re making a claim for financial support under the Inheritance Act, you usually have 6 months from the date probate is granted.

3. Stop the Probate (If Needed)

You can ask the Probate Registry to stop the process by entering a caveat. This stops the will from being carried out until the dispute is sorted.

4. Try to Settle Out of Court

Before going to court, you should try to resolve the issue through mediation or negotiation. This can save time and money.

5. Go to Court (If Needed)

If you can’t agree, your solicitor will help you file a claim in court. The court will look at the evidence and decide what should happen.

Common Reasons People Challenge a Will

Here are the most common reasons people dispute a will in Cardiff:

1. The Will Is Not Valid

A will might not be valid if:

• It wasn’t signed properly
• The person didn’t understand what they were doing (called “lack of capacity”)
• Someone forced or tricked them into signing it (called “undue influence”)
• It was forged or faked

2. You Were Left Out or Treated Unfairly

If you were financially dependent on the person who died and they didn’t leave you anything (or not enough), you might be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975.

People who can make this kind of claim include:

• Spouses or civil partners
• Children (including adult children)
• People who lived with the deceased for at least 2 years
• Anyone financially supported by the deceased

3. Problems with the Executor

You can challenge how the executor is handling the estate if they:

• Are taking too long
• Are not being fair or honest
• Are not following the will properly

In some cases, you can ask the court to remove them.

Top Tips For Success

• Keep records: Save emails, letters, and anything else that supports your case.
• Be respectful: These cases often involve family. Try to stay calm and polite.
• Know the costs: Legal fees can be high. Ask your solicitor about costs and if you might get them back if you win.

Get in Touch Now

Challenging a will can be emotional and complicated during a difficult time. If you live in Cardiff and believe something isn’t right, speak to a solicitor as soon as you can. Whether you’re worried about being left out of a will or think the will isn’t valid, there are legal steps you can take to protect yourself and your family.

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