Contentious Probate Solicitors Knutsford

Contest a Will

If you have concerns about a loved one’s will and live in Knutsford or neighbouring areas, we can help. We partner with a panel of contentious probate solicitors who are highly experienced in dealing with estate disputes. Contentious probate claims cover any legal challenge to a deceased person’s estate. This includes when a will may be invalid, how an executor is acting or even bringing a claim under the Inheritance Act for dependants who have not been provided for in the will.

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.

Contact our team today to arrange an initial, free consultation.

When Can You Challenge a Will?

Here are some key scenarios when you can bring a contentious probate claim:

1. If you believe the will is invalid because the person who made it (the testator) lacked mental capacity, was under undue influence, did not know or approve the contents, the will was forged or improperly executed.

2. Or, if you were financially dependent on the deceased and feel you were not provided for under the Inheritance Act 1975.

3. There is no valid will (intestacy) and you have an interest in the estate or the administration is being mishandled.

4. The executor or personal representative is acting improperly: delaying administration, failing to account, or distributing assets wrongly.

Time limits – why you should act quickly

It’s vital to act quickly. Some claims have strict time limits; others don’t but delay may overall weaken your position as it becomes more difficult to gather evidence.

For claims under the 1975 Act: you usually must issue court proceedings within six months of the grant of probate (or letters of administration if no will).

For challenging validity of the will (capacity, undue influence, execution faults): there is no specific statutory time limit in many cases – but delays will make it harder to succeed.

If probate hasn’t yet been granted, you may be able to lodge a caveat to stop the process while you investigate.

In short: you can make a contentious probate claim so long as you have a valid interest and grounds for challenge. However, it’s important act quickly.

First steps you should take

Get specialist legal advice immediately

As soon as you suspect a problematic will or estate administration, you should consult a solicitor experienced in contentious probate. The earlier you act, the better your chances. Solicitors can help you evaluate your case, advise on time limits and process, and draw up formal documents.

Identify your grounds

Make your own assessment of why you might have a claim and whether you are eligible:

Read the will (if available) and check whether you’re a beneficiary or whether it was likely the testator wanted you to be a beneficiary.

Ask: Did the testator have capacity? Were they pressured or unduly influenced? Was the will properly executed (signed, witnessed) under Wills Act 1837?

If you were financially dependent, ask whether the estate made reasonable provision for you under the 1975 Act.

Gather relevant documents and evidence

You’ll need evidence to support your claim. To start this, gather everything you can as soon as possible:

• A copy of the will (and any prior version if known).
• The grant of probate / letters of administration (if issued).
• The deceased’s estate details: assets, liabilities, property, accounts.
• Correspondence with the executors/personal representatives.
• Medical records for the deceased (if you’re alleging lack of capacity).
• Witness statements or evidence of undue influence or fraudulent behaviour.
• Timeline of events after death: who took what, when were assets distributed, etc.

This preparation will strengthen your potential claim and helps your solicitor advise you accurately.

Negotiation & Letter of Claim

Before going to court, parties are often required to follow the “pre-action protocol” for probate claims: exchange information, try negotiation or mediation where possible.

As part of that, your solicitor will draft a letter of claim setting out your case and asking the executors or estate representatives to respond. This can lead to settlement without having to go to court, saving time and expense.

Issue court proceedings if needed

However, if negotiation fails, your solicitor will issue court proceedings.

The court will notify the probate registry, and the grant may be suspended until the claim is resolved.

Be prepared for cost and time

Contested estate proceedings may become costly, time-consuming and emotionally stressful for all parties. Therefore,  it’s advisable to be clear on the following:

• Who will pay the legal fees? If you lose, you may have to pay the other side’s costs too.
• How much of the estate’s assets have already been distributed (especially if you are acting late). Recovery may be harder.
• Whether family relationships may deteriorate. Mediation may help preserve relationships where that’s important.

Get in Touch For Your Free Consultation

If you want to find out more about contesting a will and you live in Knutsford or surrounding area, we can connect you to our panel of specialist probate solicitors.

By acting promptly, preparing thoroughly, and working with an experienced solicitor, you give yourself the best chance of achieving a fair outcome in a challenging situation.

📞 Call us at 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