The agent contacted us immediately made an appointment, kept it and talked us through the whole process. Would happily recommend this service
29th February 2024
An excellent and informative service which is easy to use for a fraction of the Main Street price.
22nd February 2024
Brilliant service, I got instant quotes and responses for potential solicitors. They solicitors took time to explain my various options and recommendations. Thank you
05th February 2024
All four companies suggested contacted me. I have arranged an appointment with one of them to sort everything out. All very straightforward - Thank you.
31st January 2024
I received two quotes and two telephone calls from your selected companies. The two quotes I received were for less than 60% of the quote I received from a local company. I am very pleased with your recommendations and the ease of using your services.
27th January 2024
I was contacted almost straight away by 2 companies and a third company contacted me on the next working day. I am pleased so far with my choice.
24th January 2024
I approached a recommended solicitor and he was very helpful and put my mind at ease regarding the power of attorney process. His prices were lower than I'd been quoted with other solicitors. I would recommend using The Law Superstore to everyone. Thank you.
11th January 2024
Received an excellent quote within 24 hours. Felt confident as the firm is backed by The Law Superstore.
01st January 2024
Within 18 hours I had been contacted by all four companies either by phone and/or email. My husband and I now feel prepared with all the information we need and will be deciding which to go with. This has been very easy so far and I have recommended The Law Superstore to a family member.
23rd December 2023
Very simple to use and the prices were much more competitive than the extortionate rates I was being quoted locally. It has all been very easy.
13th December 2023
Sent a good few solicitors to deal with my problem and had a quick response from all of them. The site is very easy to navigate. Very impressed, highly recommend.
06th December 2023
Instant response. Home meeting arranged within 24 hours. Advice taken and work started immediately.
23rd November 2023
I tried a Google search with limited success! But this put me in contact with local solicitors who contacted me almost straight away! Great resource.
23rd October 2023
Everything was fast, efficient and hassle free. I would definitely recommend to anyone needing help.
19th October 2023
The grounds for contesting a will are specific – there are only a few reasons why contesting might be legally considered. If you believe the person was not mentally capable at the time of making their will, you can contest on the grounds of lack of testamentary capacity. If they didn’t know they were making a will, didn’t understand how the assets would be divided or had a mental illness that might affect their decision making, you could contest using these grounds. Other grounds for contesting include lack of valid execution – this means the will was not legally drawn up. Perhaps it wasn’t signed, or there was no witness. If the testator didn’t know about certain elements of their will, the grounds would be lack of knowledge and approval.
The most well known and often most concerning grounds for contesting a will are undue influence, or fraud. If someone has influenced or coerced your loved one to include them in their will, it’s called undue influence. However, you have to show that their inclusion in the will or the assets they received are directly due to manipulating the testator. You will need evidence and to prove there’s no other reasonable explanation. Fraud and forgery of a will would include faking someone’s name and signature, or using false information to cut someone out of a will.
The first thing to do is to contact a solicitor. They’ll be able to guide you through the process and identify if you have a case for contesting a will. They’ll go through the different grounds for contesting, and assess which suits your situation best. Your solicitor will submit a claim to the Probate Registry office, which will halt the probate process. This means you’ll also be notified if anything does happen concerning probate.
If you're the executor or beneficiary of a will that is being contested by someone else, we'd recommend you speak to a legal expert. This will probably be your probate solicitor, who can advise you what the process is, what the timeline is for dealing with this and how good a claim the person contesting the will has. If you're looking for support, we would recommend our probate experts. This can be a stressful time, and expert legal support is key.
The timeline for contesting a will depends on whether you settle before a trial. Ideally you should also contest before probate is granted, though it is possible to contest a will after probate. It also depends on the grounds for contesting. For example, if there’s a clear error in the will that makes it invalid, that’s much quicker than providing evidence for undue influence, or fraud. Learn more in our article on what happens when you contest a will.
The cost of contesting a will varies depending on the case and how complex it is. If you end up in court, it could cost hundreds of thousands of pounds. Even just with the back and forth of negotiating with the executors and beneficiaries, if the case becomes contentious, it could end up being many billable hours from your law firm. The best way to find out is to put your details in and get a quote for your particular circumstances, and then compare legal firms.
The chances of success become much higher when you choose a great solicitor with lots of experience in contesting wills. Your solicitor will be able to identify which grounds you can use to contest, and what your chances are, based on the evidence that you have. It also depends on what your relationship is like with the beneficiaries, whether they agree with you, if you have significant evidence and when you started the protest of contesting. The best way to know how likely you are to be successful is to talk to an expert about your individual case.
Theoretically, anyone can challenge a will but it would usually be someone close to the testator who was expecting to benefit from the estate. If you are contesting under the expectation of a reasonable provision (you depend on the person who died financially) you would normally be a spouse or civil partner, or ex-spouse or civil partner, or child of the deceased.
If the deceased died intestate (with no will), the estate will be shared out according to the law. There is no way to contest this if there is no will. Intestate rules mean that 100% of the assets will go to the deceased's spouse. If there is no spouse or they have passed away, it will be split between next of kin, which would usually be children, but if there are no children might be parents or a sibling.