Contentious Probate Solicitors Leicester

What to Do if You Need to Contest a Will

If you believe a loved one’s will does not reflect their true wishes, we partner with an experienced panel of contentious probate solicitors who serve clients in Leicester. Contentious probate is about how a person’s estate is administered after their death and as this area of law is complex and has time limits, it’s advisable to speak with a solicitor as early as possible.

Contentious probate is becoming an increasingly common issue across England and Wales. More families are finding themselves in disputes over wills, estates, and inheritance rights, often during already stressful and emotional periods.

So, if you feel you’ve been left out of a will or unfairly left without adequate financial provision, you may be considering challenging the will. Knowing the steps to take from the outset can make a significant difference to the outcome of your case.

Our partner panel of contentious probate solicitors help clients in Leicester and neighbouring areas. They offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.

Contact our team today for your free, initial consultation.

Why Contentious Probate Claims Are Increasing

Contentious probate claims have grown steadily in recent years, and several social, legal, and economic trends are driving that increase. Here are some of the most common factors:

1. Rising House Prices and Larger Estates

One of the biggest reasons for the increase is the continual rise in property values. When homes make up the bulk of an estate’s value, even modest properties can push estate values into six or seven figures. Higher-value estates make disputes more likely because beneficiaries feel they have more to lose, or more to gain, by challenging the will.

2. More Complex Family Structures

Modern families often include second marriages, stepchildren, cohabiting partners, and blended households. These relationships can create uncertainty about who should inherit and can increase the likelihood of disputes.

Without a clear and carefully drafted will, the distribution of assets may surprise or upset some family members, leading them to contest the will or challenge the entitlement of others.

3. An Ageing Population

As people live longer, they often become more vulnerable to illnesses that can affect mental capacity, such as dementia. This raises concerns about whether the person had the necessary capacity to make or change their will. It also increases the risk of undue influence, where someone pressures the individual into altering their will in an unfair or improper way.

4. More People Writing DIY Wills

The rise of online templates and DIY wills has made will writing more accessible. However, these are not always accurate. Poorly drafted wills are some of the most common causes of probate disputes. A will that is unclear, improperly witnessed, or legally flawed can easily give rise to challenges and litigation.

5. Increased Awareness of Inheritance Rights

People are now more aware of their legal rights. Individuals who feel a will is unfair, or believe they were financially dependent on the deceased, are increasingly willing to challenge the estate. Greater awareness, combined with more accessible legal advice, has contributed significantly to the surge in claims.

Grounds for Contesting a Will

If you are concerned that a loved one’s will is not valid, you may be able to challenge it on one or more of the following grounds:

Lack of Testamentary Capacity

The person must have understood what they were doing when they made their will. If they lacked mental capacity, the will may be invalid.

Undue Influence or Coercion

If someone pressured, manipulated, or coerced the deceased into changing their will, the court may overturn it.

Lack of Proper Formalities

A will must meet certain legal requirements, including correct witnessing. Failure to follow these rules may make the will invalid.

Fraud or Forgery

If you suspect the will has been tampered with or forged, you can challenge its validity.

Claims Under the Inheritance Act 1975

Even if the will is valid, certain people, such as spouses, children, or other dependants, may claim “reasonable financial provision”.

First Steps to Take if You Want to Contest a Will

Acting quickly is vital. Probate disputes often involve strict time limits and complex legal processes. Here’s what to do:

1. Seek Specialist Legal Advice Immediately

Before taking any action, speak to a solicitor who specialises in contentious probate. They will assess the strength of your case, advise on your rights, and explain the best strategy.

2. Gather All Relevant Information

Start collecting documents and details that may support your claim. These may include:

Copies of all versions of the will

Medical records

Financial statements

Correspondence relating to the will

Statements from family or friends who witnessed relevant events

The more information you have, the easier it is for your solicitor to build a strong case.

3. Enter a Caveat to Stop the Probate Process (If Appropriate)

If you are challenging the validity of the will, you may need to enter a caveat at the Probate Registry. A caveat pauses the probate process for six months, preventing the estate from being distributed while investigations take place.

4. Explore Negotiation or Mediation

Many probate disputes settle without going to court. Mediation is often faster, less expensive, and more amicable. A solicitor can help you negotiate a fair agreement while protecting your rights.

5. Prepare for the Possibility of Court Proceedings

If negotiations do not resolve the dispute, your case may go to court. A specialist solicitor will guide you through every stage of the process, ensuring you have the best chance of a successful outcome.

Contact Us Today

Contentious probate can feel overwhelming, especially when emotions are already running high after a loved one’s passing. Disputes usually involve disagreements over the validity of a will, concerns about how executors are managing the estate, or claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Taking early action and seeking expert advice can help you to secure the inheritance you are entitled to. We partner with specialist contentious probate solicitors who cover Leicester and surrounding areas who can help you.

📞 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.