Contentious Probate Solicitors Nottingham

When Should You Consider Challenging a Will?

If you live in Nottingham and believe something isn’t right with a deceased person’s will, our partner panel of highly experienced contentious probate solicitors can help. It can make a big difference to know the early warning signs of when you should consider challenging a will.

This is known as contentious probate and typically includes issues such as whether a will is valid, suspicious behaviour about an executor or even if you’ve been unexpectedly left out of a will.

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

Call our team now for your free, initial consultation.

Contentious Probate – Red Flags To Watch For

1. You Were Excluded – Or Received Much Less Than You Expected

One of the most common trigger-points for a dispute is when a family member or someone financially dependent on the deceased finds they have either been left out of the will entirely or given much less than they were led to expect. When this happens it may reflect:

• The deceased changed their will late in life without a clear reason
• Promises made during life were not honoured
• The will may have been influenced by someone else.

If you find yourself in this position, you may have grounds to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision or to challenge the validity of the will itself.

2. Signs of Undue Influence or Pressure

If you suspect that the person making the will (the testator) was pressured, coerced, manipulated or unduly influenced into making or changing the will in a way that benefits someone else unfairly, then this is a serious warning sign. Indicators may include:

• A sudden change to the will’s terms when the testator was ill, vulnerable or isolated
• The will benefitting someone close who also drafted it or had power of attorney
• The testator lacked independent legal advice or the will was drafted at an unusual place/time

3. Concern About Testamentary Capacity

A will is only valid if the testator had the mental capacity at the time they made it: they must have understood the nature of the act, the extent of their estate and the claims to which they ought to give effect.

If you find evidence that the testator was suffering from an illness, confusion, dementia or other incapacity around the date of the will, then you may have a ground to challenge. For example: medical records showing cognitive decline, testimony that the testator did not understand the document.

4. Formalities Not Met / Execution Issues

Every will must meet formal legal requirements (for England & Wales) such as being signed by the testator in the presence of two witnesses who also sign. If you discover:

• The will is missing signatures or witnesses
• The witnesses are beneficiaries (which raises suspicion)
• There is no original will but only a copy, or the executors cannot locate the original

5. Forgery, Fraud or Hidden Wills

Serious issues arise where a will may have been forged or fraudulently altered, or where a later will exists but has been concealed. Examples:

• Signatures that appear forged or appear inconsistent
• Someone removed from the will without explanation
• A will found after the estate has been distributed

Time is of the Essence

One of the biggest risks is leaving things too late. Although there is no strict time limit for challenging the validity of a will under certain grounds, there are deadlines in some situations. For example:

• If you are making a claim for reasonable financial provision under the 1975 Inheritance Act, you generally have 6 months from the Grant of Probate to start your claim.
• If the estate has already been distributed, bringing a claim becomes significantly more difficult.
• The longer you wait the harder it becomes to gather evidence and trace assets.

This means if you have any concerns, act quickly – don’t assume you have all the time in the world.

What to Watch Out For: Practical Warning Signs

The will-maker changed their will shortly before death without explanation

A beneficiary drafted the will, or was overly involved in its preparation

The will seems inconsistent with the testator’s previous wishes, or lifestyle and relationships

Medical history shows dementia or other mental incapacity around the will date

Executors are slow to share the will or account for estate assets

Property or assets disappear from the estate without clear explanation

There are multiple versions of a will, or a copy but no original

Someone exerted control over the testator (e.g., isolated them, married them late in life, changed powers of attorney)

If you spot these kinds of red flags, you should ask for legal advice.

Why Bring a Claim? What Are the Benefits?

Challenging a will is a serious step, however it can change the outcome of the distribution of an estate. Contesting a will is to:

Restore the “correct” version of the will or bring the estate under intestacy rules, so beneficiaries receive what they’re legally entitled to.

Help if you’ve been unfairly excluded or under-provided for, providing financial justice.

Send a message that attempts to manipulate or exploit a vulnerable person will not succeed.

Of course, there are risks too (costs, emotional tension, delays) and so you should weigh those carefully.

How to Proceed: The First Steps

Get expert legal advice from a solicitor specialising in contentious probate — early advice is critical.

Preserve evidence: start gathering medical records, witness statements, copies of the will, correspondence, any previous wills.

Check if probate has been granted: if probate has not yet been granted you may lodge a caveat to halt distribution of assets.

Act quickly: the earlier you move, the stronger your position.

Consider mediation or negotiation: many will challenges settle without full court proceedings. This saves costs and time.

Prepare for cost and effort: contested probate is complex, but an experienced solicitor will explain cost options and funding.

Get In Touch With Our Team Now

If you live in Nottingham and you’re seeing one or more of these warning signs and you’re wondering “should I challenge the will?”, don’t wait. By acting quickly and working with an experienced contentious probate solicitor, you can ensure your loved one’s estate is handled according to the law.

Contact our team today and we will connect you to a partner contentious probate solicitor for a confidential no-obligation discussion about whether you have valid grounds for a claim.

📞 Call us at 0333 358 2345 or contact us online for your initial, 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

(This content is for general information only and does not constitute legal advice.)