Contentious Probate Solicitors Chester

When and How to Challenge a Will

If you live in Chester and believe a loved one’s will is unfair or doesn’t reflect their true intentions, we partner with expert contentious probate solicitors who cover Chester and the neighbouring areas. Contentious probate matters have been on the increase driven by complex family dynamics, rising property values and expectations around inheritance.

So, if you suspect a loved one’s will may be invalid or even mismanaged by an executor, working with a specialist contentious probate lawyer can make all the difference.

Our panel of contentious probate solicitors offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.

What To Do Next? Call Our Team Today.

Common Contentious Probate Disputes

Contentious probate refers to legal disputes over the administration of a deceased person’s estate. These disputes often arise when:

• The validity of the will is questioned
• A family member or dependent feels inadequately provided for
• There are concerns about undue influence, fraud, or lack of mental capacity
• Executors mishandle the estate or act against beneficiaries’ interests

These cases involving contentious probate tend to be legally complex, making expert guidance essential.

When Can You Challenge a Will?

You can challenge a will under several legal grounds:

1. Lack of Testamentary Capacity

If the testator (the person who made the will) lacked mental capacity at the time of writing it, the will may be invalid. This scenario applies in cases involving dementia, brain injury, or other cognitive impairments.

2. Undue Influence

If someone pressured or coerced the testator into making or changing their will, you may have a claim. This is common in cases where a vulnerable person was isolated or manipulated by a caregiver or relative.

3. Fraud or Forgery

If the will was forged or signed under false pretences, it can be challenged. This includes cases where the signature was faked or the contents were altered without the testator’s knowledge.

4. Lack of Knowledge and Approval

The testator must understand and approve the contents of their will. If they didn’t—due to language barriers, poor health, or confusion—the will may be invalid.

5. Failure to Make Reasonable Provision

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals who were dependants of the testator may be able to claim if they weren’t reasonably provided for. This includes:

• Spouses and civil partners
• Former spouses (if not remarried)
• Children (including adult children)
• Cohabitants (living with the deceased for at least two years)
• Dependants financially supported by the deceased

What Information Do You Need to Gather?

To build a strong case, you’ll need to collect detailed evidence. Here’s what to prepare:

✅ The Will

Obtain the latest version of the will and any previous versions. Compare them to identify suspicious changes or inconsistencies.

✅ Medical Records

If contesting the will is based on mental capacity, gather medical records from the time the will was made. These can show cognitive decline or diagnoses like dementia.

✅ Witness Statements

Speak to people who knew the testator, such as friends, carers, solicitors, or doctors. Their testimony can support claims of undue influence or lack of capacity.

✅ Communications

Gather emails, letters, texts, or voicemails that show the testator’s intentions or interactions with others. These can potentially reveal pressure or manipulation.

✅ Financial Records

Bank statements, property deeds, and asset lists help clarify the estate’s value and whether reasonable provision was made.

Time Limits for Challenging a Will

Timing is critical. Here are the key deadlines:

• Inheritance Act claims: Must be made within six months of the grant of probate.
• Validity challenges: No fixed deadline but earlier is better and especially before probate is granted.
• Fraud claims: May be brought later, but delay can weaken your case.

Acting quickly ensures you’re able to gather the relevant evidence before it goes missing or is lost, as well as avoiding irreversible estate distributions.

Why You Should Consult a Specialist Contentious Probate Solicitor

Contentious probate is not a simple DIY legal matter. Here’s why working with a specialist solicitor is fairly crucial:

1. Expertise in Complex Law

These cases involve a combination of different legal areas such as wills, trusts, family law, and property. A specialist solicitor understands the finer details and can navigate them effectively.

2. Strategic Advice

They’ll assess your case’s strength, advise on the best legal grounds, and help you avoid costly mistakes.

3. Evidence Gathering

Solicitors know how to obtain medical records and secure witness statements that hold up in court.

4. Court Representation

If the case goes to trial, you’ll need skilled solicitor to handle the matter. A contentious probate solicitor can also represent you in mediation, negotiation or settlement talks.

5. Executor Disputes

If you’re challenging an executor’s conduct, a solicitor can help remove or replace them and ensure the estate is handled fairly.

6. Emotional Support

These disputes often involve grieving families. A solicitor provides objective advice and helps manage conflict in a sensitive manner during this difficult time.

Get Started Now

Whether you’re contesting a will’s validity or seeking fair provision under the Inheritance Act, gathering the right evidence and working with a specialist solicitor gives you the best chance of success.

We partner with highly experienced contentious probate solicitors who cover the Chester area and who can help.

📞 Call us now on 0333 358 2345 📧 Or contact us online and we’ll call you back at a time that suits you for a free, no-obligation 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