Contentious Probate Solicitors Oxford

Challenging a Will & What to Do Next

If you have concerns about a loved one’s will and live in Oxford or neighbouring areas, our partner panel of contentious probate solicitors cover that area and can help you to resolve the matter.

When a loved one passes away, emotions run high among family. But what happens when the will doesn’t seem right? Contentious probate cases are increasing as families question the fairness, validity, or execution of wills.

So, whether you suspect undue influence, fraud, or an unfair distribution of assets, consulting with an experienced contentious probate solicitor provides the guidance on how to move forward.

Our panel of contentious probate solicitors who cover your area, 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 consultation.

What Are Common Grounds in Contentious Probate?

Contentious probate refers to any dispute that arises during the administration of a deceased person’s estate. It usually involves disagreements over the validity of a will, how the estate is being handled, or who should inherit.

Therefore, contentious probate occurs when one or more parties contest a will because they believe it does not reflect the true intentions of the deceased.

Common contentious probate issues include:

• Disputes over the validity of a will
• Allegations of undue influence or coercion
• Claims of fraud or forgery
• Concerns about the mental capacity of the testator (the person who made the will)
• Disagreements between executors and beneficiaries
• Situations where someone has been left out of a will and seeks financial provision under the Inheritance (Provision for Family and Dependants) Act 1975

If you suspect any of these problems, it’s essential to act quickly. This is because time limits apply to challenging a will in England and Wales.

Warning Signs You Should Challenge a Will

Recognising the red flags regarding a will can help to protect your rights before it’s too late. Here are some of the most common signs that could indicate contentious probate and justify further investigation:

1. The Will Suddenly Changed

A sudden or unexpected change in the will, especially if it heavily benefits one person over others, can be a major warning sign. This is particularly suspicious if the change occurred shortly before the person’s death or when they were in poor health.

Ask yourself: did the testator have full understanding and independence when they made those changes?

2. The Testator Was Vulnerable or Unwell

If the deceased was elderly, ill, or suffering from a condition like dementia, there may be doubts about mental capacity at the time the will was signed. Legally, a valid will requires the person making it to fully understand what they are doing, what assets they have, and who might reasonably expect to benefit.

If you believe the testator lacked capacity, you may have strong grounds to challenge the will.

3. Undue Influence or Pressure Was Involved

Did someone close to the deceased, such as a new partner, carer, or relative, seem to have manipulated them into changing their will? Undue influence or coercion occurs when a person uses pressure, threats, or emotional control to secure an inheritance that wouldn’t have been given otherwise.

Proving undue influence can be complex, but suspicious circumstances, isolation of the testator, or sudden disinheritance of family members can all support a claim.

4. The Will Doesn’t Meet Legal Requirements

A will must comply with strict legal formalities under the Wills Act 1837. For instance, it must be:

• Made voluntarily and without pressure
• Signed by the testator in the presence of two witnesses
• Witnessed correctly by people who are not beneficiaries

If any of these requirements are missing, the will could be invalid and open to challenge.

5. Executors Are Acting Improperly

Executors have a legal duty to manage the estate fairly and in accordance with the will. But, if an executor withholds information, delays the process, or acts in their own interest, you can apply to have them removed or replaced.

An executor who breaches their fiduciary duty can face personal liability – so it’s important to act promptly if you suspect misconduct.

6. You Were Financially Dependent but Left Out of the Will

Even if a will is valid, the law allows certain people, such as spouses, children, or other dependants, to make a claim for reasonable financial provision under the Inheritance Act 1975.

If you relied on the deceased financially and were excluded or unfairly treated, you may still be able to claim from the estate.

What to Do Next: Steps to Challenge a Will

If you suspect that a will is invalid or unfair, taking action quickly is vital. Here’s what you should do next:

Step 1: Seek Specialist Legal Advice

Contact our team to arrange a consultation with a partner contentious probate solicitor. These cases are complex, and time limits for filing a claim can be as short as six months from the date probate is granted.

An experienced solicitor can assess the strength of your claim, gather evidence, and guide you through negotiation or court proceedings.

Step 2: Enter a Caveat

If probate has not yet been granted, you can enter a caveat at the Probate Registry. This prevents the estate from being distributed while investigations are taking place.

A caveat lasts for six months and can be renewed if necessary. It effectively pauses the probate process while disputes are resolved.

Step 3: Gather Evidence

Collect all relevant documents and communications. This may include earlier versions of the will, medical records, witness statements, and emails. These help to establish the testator’s state of mind and any potential undue influence.

Your solicitor may also instruct expert witnesses, such as handwriting experts or medical professionals, to support your case.

Step 4: Attempt Mediation or Settlement

The courts encourage families to resolve contentious probate disputes through mediation. Mediation can save time, reduce costs, and preserve family relationships.

If an agreement cannot be reached, your solicitor will help you prepare for court proceedings.

Step 5: Pursue a Court Claim

If the matter cannot be settled out of court, your solicitor can issue proceedings. The court will then determine whether the will is valid and how the estate should be distributed.

Why Acting Quickly Matters

Delays can seriously weaken your case. Once the estate has been distributed, it becomes much harder to recover assets or overturn decisions. Acting promptly also prevents others from claiming ignorance of your objections.

Time limits vary depending on the type of claim, but getting early legal advice can protect your inheritance rights and strengthen your position.

Contact Us for Expert Legal Support

Contentious probate disputes can be emotionally stressful and legally complex. Our partner panel of contentious probate solicitors cover Oxford and surrounding areas – including Abingdon, Didcot, Bicester, and Banbury.

By acting quickly and working with an experienced legal team, you can ensure your loved one’s estate is handled lawfully and fairly.

📞 Call us now 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