Contentious Probate Solicitors Leeds

When Can You Challenge a Will?

If you suspect something isn’t right with a loved one’s Will and live in Leeds, we partner with expert contentious probate solicitors who can help. Losing a loved one is hard enough, but if there are some red flags, it can make things even more stressful.

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.  

Speak to our team for a free consultation.

What Does Contentious Probate Mean?

Contentious probate means there’s a dispute about a will or estate. This can happen when someone:

• Believes the will is invalid
• Feels unfairly left out
• Thinks the executor (the person handling the estate) is doing something wrong
• Disagrees about how money or property is being shared

You might hear phrases like “challenging a will” or “contesting probate”.These all mean the same thing: someone is questioning whether a will or estate has been dealt with properly.

When Can You Challenge a Will?

You can challenge a will if you have a good legal reason and some evidence to back it up. Here are the most common grounds:

1. Lack of Mental Capacity

If the person who made the will didn’t fully understand what they were doing. For example, because of dementia or illness – the will may be invalid. They must have known:

• What property they owned
• Who might expect to inherit
• What signing the will actually meant

2. Undue Influence

If someone pressured or manipulated the person into changing their will, it can be challenged. For instance, if a new partner, carer, or relative forced the person to leave them more money, that could count as undue influence.

3. Incorrect Signing or Witnessing

A will must be signed and witnessed correctly under the Wills Act 1837. If the person didn’t sign it properly or the witnesses were not present at the same time, the will might not be valid.

4. Fraud or Forgery

If you suspect the will was faked, changed without permission, or signed by someone else, you can challenge it on the grounds of fraud or forgery.

5. Ambiguous or Unclear Wording

Sometimes a will is poorly written or unclear about what the person really wanted. In that case, you can ask the court to interpret or correct it.

6. Being Left Out Unfairly

Even if the will is valid, certain people can still make a claim if they weren’t given “reasonable financial provision”.

Under the Inheritance (Provision for Family and Dependants) Act 1975, this includes:

• Spouses or civil partners
• Former spouses (if they haven’t remarried)
• Children
• People who depended financially on the person who died

How to Challenge a Will

If you believe you have a valid reason, here are the main steps to follow:

1. Act Quickly

It’s important to act as soon as possible. In most cases, you must make a claim within six months of probate being granted (that’s when the court officially approves the will). If you wait too long, the court might refuse your case.

2. Enter a Caveat

If you want to pause probate while you investigate, you can enter a caveat with the Probate Registry. This stops anyone from getting a grant of probate (and therefore from distributing the estate) for six months. You can renew it if needed.

3. Gather Evidence

You’ll need proof to support your claim. This may include:

• Medical records
• Old versions of the will
• Letters, emails, or witness statements
• Expert reports (e.g. from doctors or handwriting experts)

4. Try to Settle Out of Court

Many probate disputes settle through negotiation or mediation, without going to court. This can save time, stress, and money, and help preserve family relationships.

5. Go to Court (If Needed)

If you can’t agree, your solicitor can issue a court claim to challenge the will. A judge will look at the evidence, hear both sides, and decide whether the will stands or needs to be changed.

Do You Need a Contentious Probate Solicitor?

You don’t have to hire a solicitor – but in most cases, it’s a very good idea. Contentious probate can be complicated, and mistakes can cost you time and money.

Here’s why a solicitor can help:

Specialist Knowledge

Probate law is full of complex rules and strict deadlines. A contentious probate solicitor understands how to build your case, gather evidence, and meet court requirements.

Honest Advice

A good solicitor will tell you if your case is strong or weak before you spend money on it. They’ll explain your options clearly and help you make the right decision.

Reducing Stress

Dealing with family disputes after a death is emotional. Having a solicitor handle communication and paperwork lets you focus on grieving and moving forward.

Managing Costs

Many solicitors offer fixed fees for certain stages, or even “No win, No fee” arrangements in strong cases. They’ll also explain court costs and help you manage financial risk.

Better Results

Solicitors are trained negotiators. They often settle cases faster and on better terms than people trying to handle things on their own. If your dispute does go to court, they’ll represent you professionally and fight your corner.

How Long Does a Contentious Probate Case Take?

Every case is different. If both sides agree early, it might take a few weeks or months. If it goes to court, it can take a year or more. Acting quickly and trying mediation often shortens the process.

Give Us a Call – Free Consultation

You may challenge a Will if you believe it’s invalid, unfair or not made properly. If you live in or around Leeds, our team of partner contentious probate lawyers can help you resolve your dispute efficiently and professionally. It’s important to act quickly as evidence may be lost or misplaced.

📞 Call us at 0333 358 2345 or contact us online for your free consultation.

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 – speak to our team to find out more.

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