Contentious Probate Solicitors Portsmouth

Expert Help to Contest a Will

If a loved one has died and there are doubts over the validity of their will, we partner with experienced contentious probate solicitors and who cover Portsmouth who can help. A will should accurately reflect a loved one’s wishes, but that is not always the case. Disagreements, suspicious circumstances or legal errors can all lead to the validity of a will being questioned.

In England and Wales, you can challenge a will through a contentious probate claim, but only if you have legal grounds and act within the required time limits.

Our panel of partner solicitors also offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.

To find out if you have a claim, contact us for a free, initial consultation.

When Can a Will Be Invalid?

Legally, a will can be invalid for several reasons. If any of the following issues are present, beneficiaries, family members, or other interested parties may have grounds to challenge it:

1. Lack of Testamentary Capacity

The testator must have had the mental capacity to understand the nature and effect of making a will. A will may be invalid if the person lacked capacity due to conditions such as dementia, severe illness, or mental health issues. If they could not comprehend the extent of their estate, the people who might expect to benefit, or the implications of their decisions, the will may not stand.

2. Lack of Knowledge and Approval

Even if the testator had capacity, the will must reflect their true intentions. If they did not fully understand or approve the contents, perhaps because someone else prepared the will without explaining it properly, the will may be invalid. This is especially relevant when the will’s terms seem unusual or unexpected.

3. Undue Influence

A will is invalid if someone applied coercion, pressure, or manipulation to force the testator into making decisions that did not reflect their true wishes. Undue influence doesn’t have to involve threats; emotional pressure or dependency can also amount to improper influence.

4. Fraud or Forgery

If someone forged a signature, tampered with pages, or misled the testator about what they were signing, the will may be invalid. Any form of fraud undermines the legitimacy of the document and can be grounds for a contentious probate claim.

5. Failure to Comply with the Wills Act 1837

A valid will must meet strict formalities. It must:

• Be in writing.
• Be signed by the testator (or someone signing at their direction).
• Be witnessed by two independent witnesses who are present at the same time.
• Be signed or acknowledged by the testator in the presence of both witnesses.

If any of these requirements were not met, the will may not be legally valid.

Should You Challenge a Will?

You may consider challenging a will if:

• You were unexpectedly cut out of the estate.
• The will was changed shortly before death.
• The circumstances surrounding the will felt suspicious.
• The testator relied heavily on a person who benefited from the changes.
• A newer will contradicts an established pattern of wishes.

A contentious probate solicitor can assess whether you have reasonable prospects of success and clearly explain the potential risks and costs involved.

How Do You Start a Contentious Probate Claim?

Starting a contentious probate claim requires careful preparation, adherence to legalities, and early action. Below are the essential steps to begin the process.

1. Seek Specialist Legal Advice Immediately

Contentious probate is a complex and time-sensitive area of law. Speaking to an experienced solicitor early helps preserve your position and ensures you understand your grounds for challenge. A lawyer can also advise on time limits, which can vary depending on the type of claim.

2. Gather Evidence

To challenge a will effectively, you need evidence. Useful documents include:

Medical records showing the testator’s capacity.

Previous versions of wills.

Correspondence, emails, or notes discussing the will.

Statements from witnesses or family members.

Records of who was present when the will was signed.

Your solicitor will help you identify what evidence is relevant to your claim.

3. How To Prevent a Grant of Probate (if appropriate)

If you want to prevent a grant of probate from being issued while you investigate your claim, you can enter a caveat at the Probate Registry. This stops the estate being administered prematurely and protects your position. A caveat lasts six months and can be renewed.

4. Follow the Pre-Action Protocol

Before issuing court proceedings, the parties usually follow a set protocol with your solicitor’s help. This typically involves:

Setting out your claim in a detailed Letter of Claim.

Allowing the other side time to respond.

Exchanging information and exploring settlement options.

This stage encourages early resolution and can reduce costs and time.

5. Attempt Mediation

Most contentious probate disputes settle through mediation. Mediation can save time, protect family relationships, and avoid the uncertainty of court. Courts strongly encourage mediation in probate disputes.

6. Issue Court Proceedings (if necessary)

If the dispute cannot be resolved, your solicitor may issue a claim in Court. The court will consider the evidence, hear witness testimony, and make a binding decision on the will’s validity.

Get In Touch Today – Free Consultation

Challenging a will is difficult, emotional, and legally complex. However, acting quickly, gathering evidence and obtaining specialist legal advice can make all the difference to securing the inheritance you’re entitled to.

So, if you need guidance on whether a will is valid or want help starting a contentious probate claim and live in the Portsmouth area, we can connect you to our partner panel of highly experience contentious probate solicitors.

Call us at 0333 358 2345 or contact us online for your free consultation and we can help you today.

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