Contentious Probate Solicitors Coventry

Simple Guide on How to Contest a Will

Contesting a will is becoming increasingly common and if you live in Coventry, we partner with specialist contentious probate solicitors who can help. When a will appears suspicious or unfair, beneficiaries and relatives may want to challenge it. The growth in contentious probate claims may be due complicated family relationships, blended households, and rising property values.

So, if you believe something has gone wrong during the will-making process or the administration of an estate, it’s advisable to consult with specialist lawyers as contentious probate law is complex and time limits may apply.

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 – so contact our team today to arrange your initial, free consultation.

Red Flags That Suggest a Will May Be Invalid

Contentious probate disputes typically arise because a will fails to reflect the deceased’s true intentions, or beneficiaries believe they have been treated unfairly. While not every unusual circumstance points to wrongdoing, certain red flags commonly appear in contentious probate cases. If any of these situations occurred, it may indicate that the will should be reviewed or challenged:

 A Sudden or Unexpected Change to the Will

Major changes shortly before death—such as disinheriting close family or naming an unexpected beneficiary—often raise concerns.

The Will Was Prepared Without a Solicitor

Homemade or online wills are perfectly legal, but they are more prone to errors, improper witnessing, or ambiguous clauses. These mistakes can create opportunities for fraud or raise doubts about whether the testator understood what they were signing.

The Beneficiary Arranged the Will

If the main beneficiary selected the solicitor, booked the appointment, or was present during its drafting or signing, the situation may suggest undue influence or coercion.

Signs of Cognitive Decline

Where the deceased suffered from dementia, Alzheimer’s, or declining mental capacity, questions naturally arise about whether they understood the contents of the will.

Suspicious or Missing Witnesses

Wills must be signed in the presence of two independent witnesses. If witnesses cannot be located, appear connected to a beneficiary, or were not present at the same time, the validity of the will may be compromised.

Uncharacteristic Wishes

If the will contradicts long-held family arrangements or previously expressed intentions, it may warrant investigation.

Beneficiaries Exploiting a Vulnerable Testator

Evidence of isolation, pressure, or control, for example restricting family access, can strongly indicate manipulation.

Legal Grounds to Contest a Will

A will cannot be challenged simply because it feels unfair. The law requires specific legal grounds to undermine the validity of a will. Here are the main grounds for a contentious probate claim.

Lack of Testamentary Capacity

The testator must have understood:

• That they were making a will
• The nature and value of their estate
• The effect of their decisions
• Who might reasonably expect to benefit

If cognitive issues affected the testator’s ability to make rational decisions, the will may be invalid.

Lack of Knowledge and Approval

Even where capacity exists, the testator must understand and approve the will’s contents. Suspicious circumstances such as poor eyesight, illiteracy, reliance on a beneficiary, or rushed execution may support this ground.

Undue Influence or Coercion

A will is invalid if someone pressured or manipulated the testator into making decisions they would not have made independently. Because undue influence rarely occurs publicly, courts rely on circumstantial evidence such as isolation, dependency, and controlling behaviour.

Fraud or Forgery

If signatures, documents, or instructions have been falsified, the will can be declared invalid. Fraud may also include misleading the testator or hiding information to influence their decisions.

Improper Execution

A valid will must comply with the Wills Act 1837. It must be:

In writing

Signed by the testator

Witnessed by two people present at the same time

Any deviation from these requirements can invalidate the entire document.

Rectification Claims

If the will contains mistakes or drafting errors that fail to reflect the testator’s actual intentions, affected parties can apply to have it corrected.

Claims Under the Inheritance Act 1975

Even if a will is valid, certain individuals may claim reasonable financial provision, including:

Spouses and civil partners

Cohabiting partners (living together for at least two years)

Children and stepchildren

Financial dependants

These claims focus on need rather than fairness and offer a crucial route for those who were financially reliant on the deceased.

What to Do if You Suspect a Problem

If you believe a will is invalid or the estate is being mismanaged, act quickly. Early steps may involve:

Entering a caveat to prevent the issue of a Grant of Probate

Gathering evidence, including medical records, correspondence, witness statements, and earlier wills

Seeking specialist contentious probate advice

Attempting mediation, which often avoids the stress and cost of court proceedings

Contesting a will is time-sensitive, especially for Inheritance Act claims, which must be filed within six months of the Grant of Probate.

Contact Us for a Free Consultation

Contentious probate disputes are emotionally and legally complex. But, if a will appears suspicious or unfair, early professional guidance can ensure the estate is administered properly and the testator’s true wishes are upheld.

It’s essential to get specialist legal advice as soon as possible. Acting quickly can make the difference between a strong, successful claim and one that never gets heard.

📞 Call us now on 0333 358 2345 📧 Or contact us online for your 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