Disputing a Will or making a claim against an estate banner

Services For You

Home / Services For You / Probate Disputes / Disputing a Will or making a claim against an estate

Disputing a Will or making a claim against an estate

When someone dies it is distressing enough without the added worry that a dispute over the Will or estate can bring.

However, if you feel that you are dissatisfied with the provisions of the Will there may be ways of challenging the Will and of making a claim against the estate.

Disputing a Will: what grounds do you need?

It is a common misconception that there is little that can be done to challenge a Will. Generally, of course, Estates should be distributed according to the terms of the Will. However, there are a number of things that can be done to dispute a Will:

  • The Will may be wholly invalid on the grounds that it was incorrectly witnessed, or that the person making the Will did not properly understand what they were doing. They may not have fully appreciated the contents of the Will, or may have been unduly influenced. The Will may also not have been the last Will or may have been superseded by a later one, or effected by a subsequent marriage. The Will may be valid but some gifts may still fail, with important consequences for others, if e.g. a beneficiary or their spouse witness the Will, or the intended beneficiary has since died, or an asset is no longer in the Estate to give.
  • There may be mistakes in the Will which need to be corrected.
  • The Will may have been drawn up incorrectly by the solicitor or Will writer and compensation may be available to the person losing out
  • If you consider that a Will or an intestacy is not fair to you, you can apply to the Court to vary its provisions, to provide some money for you.
  • If you are in one of the categories below, you are able to make a claim:-
    married to the deceased;
    in a civil partnership with the deceased;
    someone who has lived with the deceased as husband or wife for at least two years;
    a former spouse who has not remarried (and did not have a financial settlement as part of the divorce);
    a child of the deceased (including an adult child);
    someone treated as a child of the family;
    or otherwise someone else financially maintained by the deceased.
  • You may consider that assets or debts have been wrongly dealt with.
  • You may consider that the executors have acted improperly in the way in which they have managed the distribution or administration of the estate.

"Elizabeth was very, very good in dealing with my case and I could not have been better informed. Promptly responded to. Great service all round."

"My experience with Wards Solicitors was excellent, both members of your team that I dealt with were ethical and ensured I understood the process. I will use Wards again should I need."

"Emma Kerry has been excellent in her communication both with myself and the opposing solicitor. I would thoroughly recommend her."

Important notice: please read

Cyber-crime is on the increase and solicitor transactions can be hijacked by scammers. This commonly takes the form of email or phone interception.  At the start of our working relationship we will provide you with terms of business that include our account details – these will never change.

Please be aware that we will never ask you to send money to a different bank account, particularly by email. If you receive a request for money from us please check that everything matches the details in our terms of business.

If you receive an email giving any other bank account please telephone us immediately without replying to the email or sending any money. We accept no responsibility if you transfer money to a bank account which is not ours.

Wards Solicitors