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Challenging A Will In The UK

A will should reflect the true intentions of the person making it. But disputes can arise where family members, friends, or beneficiaries suspect that a will was not properly made, was influenced by others, or is otherwise legally flawed.

Challenging the Validity of a Will in the UK

A will should reflect the true intentions of the person making it. But disputes can arise where family members, friends, or beneficiaries suspect that a will was not properly made, was influenced by others, or is otherwise legally flawed.

At IMD Solicitors we specialise in contested probate and will validity challenges. We provide clear advice on whether a claim can be brought, guide you through the evidence required, and act to protect your rights.

What Makes a Will Invalid?

A will may be declared invalid for several reasons, including:

  • Lack of testamentary capacity: the person making the will did not have the required mental capacity to understand the impact of their decisions at the time of making the will
  • Lack of knowledge and approval: the deceased did not fully understand or approve the contents of the will
  • Undue influence: the will was made under pressure or coercion, often with vulnerable testators being taken advantage of
  • Fraud or forgery: the will or signature was falsified, or the will was otherwise altered not by the testator
  • Failure to meet formalities – the will was not properly signed or witnessed in line with the legal requirements of the Wills Act 1837

Common Situations We See

  • Sudden or suspicious changes to a will shortly before death
  • Elderly or vulnerable individuals making wills that benefit only one person
  • Close relatives excluded in unusual circumstances
  • Wills prepared without independent legal advice
  • Discrepancies in signatures or missing witnesses

How to Challenge a Will

Initial Assessment

We review the will, the circumstances of its creation, and any available evidence.

Evidence Gathering

This may include medical records, expert reports on capacity, witness statements, solicitors’ files, and evidence from the will drafting process.

Pre-Action Steps

We raise concerns with executors and other parties and attempt to resolve the dispute before court proceedings.

Court Proceedings

If settlement cannot be achieved, we will issue a claim and represent you throughout the litigation.

Time Limits

Challenges should ideally be brought before probate is granted. Once probate has been issued, the estate may already be distributed, making claims more complex. Acting quickly is crucial.

How We Can Help

Our contested probate solicitors will:

  • Assess whether you have grounds to challenge a will’s validity
  • Provide a clear strategy tailored to your case
  • Gather and present evidence effectively
  • Seek resolution through negotiation or mediation where possible
  • Represent you in court when required

Our Family law experts are here to help you

For an initial consultation, call our UK International Family Solicitors on 0330 107 0107 or request a free call back.

Our Approach

  • Compassionate and practical – we understand the emotional strain and family tensions involved
  • Clear advice – we explain the law and your options in plain terms
  • Cost transparency – we provide clear information on costs and funding from the outset
  • Proven results – we act in high-value and complex probate disputes, both bringing and defending challenges

Example Cases

  • Set aside a will executed during the Covid-19 pandemic where witnesses were not properly present, securing a substantial legacy for the deceased’s wife who had been disinherited
  • Successfully resisted a claim alleging undue influence and lack of capacity, securing a significant costs order against the claimant
  • Acted for a claimant challenging his father’s will executed while he was detained in hospital with manic depression

Talk to us today about:

International estate administration

Administering an estate can be complex, particularly when it involves assets, investments, or beneficiaries across multiple countries. Our specialist international estate administration solicitors support executors, trustees, and families through every stage of the process, coordinating cross-border legal, tax, and practical requirements to ensure the estate is managed efficiently, lawfully, and in line with the deceased’s wishes.

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International Family Law Solicitors

In difficult times, our specialist, multi-cultural and multi-disciplinary team of UK-based international family solicitors can offer you expert advice, guidance and representation in all aspects of your family life, including relationship breakdown, divorce, separation, family finances and issues relating to children.

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Do you have a legal issue that
needs to be resolved in the UK?

Why us?

Why Choose IMD Solicitors LLP?

01.

Why Choose IMD Solicitors LLP?

Our team is adept at handling intricate cases involving international elements, such as division of assets across borders, child abduction and child relocation. This makes us particularly suited for individuals with international family or business ties.

02.

Award-Winning Legal Excellence

We are proud recipients of multiple national awards, a testament to our commitment to legal excellence. Our awards reflect our high standards and dedication to achieving the best outcomes for our clients. You can check the list of our awards by clicking here.

03.

Outstanding Client Testimonials

Our clients’ satisfaction speaks volumes about our services. We invite you to read the glowing testimonials on ReviewSolicitors, which showcase our ability to exceed client expectations.

04.

Proven Track Record in Complex Cases

Our firm has a proven track record of successfully handling complex legal cases, particularly those involving cross-border elements. Our expertise is especially beneficial for individuals seeking sophisticated legal solutions.

05.

Deep Cultural Understanding

At IMD Solicitors LLP, we recognise the significance of cultural nuances in legal matters. Our team, with its diverse cultural backgrounds, is uniquely positioned to understand and empathetically address the specific needs of clients from various international communities.

06.

Personalised and Compassionate Approach

We believe in a client-centric approach, offering personalised and compassionate legal advice. Understanding that each case is unique, we tailor our strategies to suit individual client needs.

07.

Comprehensive Legal Services

Beyond family law, we offer a wide range of legal services, making us a one-stop solution for all your legal needs, whether personal or business-related.

08.

Commitment to Client Communication

We believe in empowering our clients with knowledge. Our team ensures that you are well informed about the legal processes and your options, enabling you to make educated decisions.

09.

Comprehensive Legal Services

Our extensive network of international legal and professional contacts allows us to efficiently handle cases that span multiple jurisdictions, providing a seamless legal experience for our clients.

10.

High Ethical Standards

As a reputable law firm, we adhere to the highest ethical standards, ensuring transparency, integrity, and professionalism in all our dealings.

Frequently Asked Questions

What evidence do I need to prove a will is invalid?

Medical records, expert reports, witness statements, handwriting evidence, and solicitor files may all be relevant. The evidence required depends on the allegations and the facts of the case.

Can I challenge a will after probate has been granted?

Yes, although the process is more complicated. Claims should ideally be brought before probate is issued.

How much does it cost to contest a will?

Costs depend on the complexity of the case and whether it goes to trial. We will discuss funding options with you at the outset.

What happens if the court finds a will invalid?

The estate will usually be distributed under an earlier valid will, or if none exists, under the intestacy rules.

Talk to us today

If you need legal advice, contact us today to request a free callback. Please note that all meetings are by appointment only in all our offices.

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