Contentious Probate Solicitors Exeter

If You Want To Dispute a Will

If you are questioning a will’s validity or fairness of the distribution and live in Exeter, we partner with specialist contentious probate solicitors who cover that area. Disputing a will can feel daunting but understanding the grounds for challenging a will can make the process clearer. Contentious probate refers to any legal dispute over the validity of a will or the distribution of a deceased person’s estate.

However, if you believe a will does not reflect the deceased’s true intentions, acting quickly and strategically is crucial.

Our partner panel of contentious probate solicitors are ready to help clients in Exeter and neighbouring areas. They offer a range of fee structures, including ‘No Win, No Fee’ agreements along with other flexible funding.

Contact our team today for your free, initial consultation.

Who Can Challenge a Will?

Contentious probate arises when beneficiaries or potential heirs challenge a will in court. The most common disputes involve whether a will is valid, the conduct of the executors, or even the distribution of the estate. Courts consider these disputes seriously, balancing the deceased’s intentions with the rights of family members or dependents.

The first step in contentious probate is to determine whether you have legal standing. Legal standing means you are a person with a legitimate interest in the estate, such as a child, spouse, or close relative. If you lack standing, the court may dismiss your claim without consideration of its merits.

How to Start a Will Dispute

Starting a will dispute requires careful preparation. Here’s a step-by-step guide:

Obtain a Copy of the Will – Before making any claim, request a copy of the deceased’s will. Executors are obliged to provide beneficiaries with the relevant documents. Reviewing the will allows you to identify provisions which you may feel are unfair or invalid.

Seek Legal Advice – Contentious probate is complex, so consult a solicitor experienced in will disputes. They can evaluate your case, identify grounds for challenge, and guide you on the best course of action.

Consider Mediation – Courts often encourage mediation to resolve disputes before heading to court. Mediation can save time, costs, and family relationships. A neutral mediator helps parties negotiate a fair resolution before escalating to court.

File a Court Claim – If mediation fails, your solicitor can file a claim. This will clearly state your grounds for contesting the will and provide supporting evidence.

Gather Evidence – Evidence plays a critical role in contentious probate. This may include medical records, witness statements, financial documents, or expert reports proving undue influence, lack of capacity, or other grounds.

Grounds for Disputing a Will

Challenging a will requires specific legal grounds. The most common may typically include:

Lack of Testamentary Capacity

A person must have testamentary capacity to make a valid will. This means they understand the nature of their estate, the consequences of their decisions, and who might benefit from their will. If the deceased suffered from dementia, severe illness, or mental impairment, you may argue that they lacked capacity when creating the will.

Undue Influence

Undue influence occurs when someone manipulates or coerces the deceased into making a will that benefits the influencer disproportionately. Courts examine the relationship between the influencer and the deceased, any suspicious circumstances, and the deceased’s vulnerability at the time.

Fraud or Forgery

A will can be disputed if it contains fraudulent elements or has been forged. Signs of fraud include altered documents, forged signatures, or instructions that contradict earlier drafts. Expert handwriting analysis and forensic evidence may be necessary to prove forgery.

Improper Execution

Legal rules govern how a will must be signed and witnessed. If a will does not meet these formalities, such as lacking valid witnesses or signatures, the court may declare it invalid. Ensuring strict compliance with the law is essential when contesting a will on these grounds.

Claims by Dependents

Certain family members or dependents may make a claim even if the will is valid. Under the Inheritance Act 1975, these disputes occur when the deceased fails to provide adequately for spouses, children, or financially dependent relatives. Courts consider the deceased’s obligations and the claimant’s needs to decide if additional provision is justified.

Tips for a Strong Contentious Probate Case

Act Quickly: Probate disputes have strict time limits. Delaying action can weaken your claim.

Document Everything: Keep thorough records of communications, financial transactions, and any suspicious activities.

Focus on Evidence: Courts prioritize concrete evidence over speculation. Witness testimony, medical records, and expert opinions can be decisive.

Stay Professional: Avoid public disputes on social media or among family members, as this can damage your case.

Get in Touch Today

Disputing a will through contentious probate requires careful planning, legal knowledge, and solid evidence. If you suspect a will does not reflect the deceased’s true wishes, taking action sooner rather than later protects your legal rights and ensures a fair resolution.

Speak to one of our experienced contentious probate solicitors who can assess your claim and advise you accordingly. We’re here to help you navigate the legal process with compassion during this difficult time.

Reaching out to a trusted claims company can make all the difference. At First Personal Injury, we will ensure you receive all the support you need. 

Call us at 0333 358 2345 or contact us online at First Personal Injury and we’ll call you back.

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