Looking to contest a Will?
If you have not received the inheritance you expected, we can help.
We know inheritance disputes can be a difficult time for families, with emotions running high following the passing of a family member.
So we’ve partnered with inheritance dispute specialists IDR Law to help.
Answer a few questions in their free inheritance claim checker and find our instantly if making a claim is a viable option.
A common problem we can help with
With 1 in 3 people relying on an inheritance, disputes over inheritance arrangements can often occur following the death of a family member.
Inheritance disputes can be a difficult time for families, with emotions running high following the passing of a family member. People are often grieving, or angry about a situation which they feel is unfair.
We’ve partnered with inheritance dispute specialists IDR Law. They have created a tool that can help you understand the legal issues around these types of disputes, and give you an instant answer to whether anything can be done to resolve your situation.
Answer a few questions and you’ll get a free tailored report with detailed advice on specific issues around your situation.
Get a personalised check in five minutes
Complete a few quick questions, and you will get the answers you need. No need to hunt around for local lawyers.
Receive advice from legal experts
IDR Law is the only law firm in the UK that specialises in the resolution of contentious wills, probate and trust disputes.
Get started now with 24 hour access
No need to have to call around and wait for lawyers to contact you back. Start now with IDR's free instant check and report.
Common reasons to contest a Will
Lack of Capacity
A Will can be challenged if the person who made it (the Testator) didn’t have the mental capacity to fully understand what they were doing at the time. This might be because of a mental health condition, the effects of medication, or other reasons affecting their ability to make decisions.
Undue Influence
If the Testator was pressured, manipulated, or coerced into making or changing their Will, it could be contested. This typically involves a situation where a family member, carer, or close acquaintance takes advantage of the Testator.
Incorrect Execution
For a Will to be valid, it must meet the legal requirements set out in Section 9 of the Wills Act 1837. In particular, the Testator must sign the Will in front of two independent witnesses, who must also sign in each other’s presence. If these formalities aren’t properly followed, the Will might be declared invalid.
Fraud or Forgery
A Will can be challenged if there’s evidence it was forged or made fraudulently. This could include situations where someone signs the Testator’s name without permission or alters the Will without their knowledge.
The Inheritance (Provision for Family and Dependants) Act 1975
This law allows certain people to make a claim against an estate if they believe the deceased’s Will (or the rules that apply if there’s no Will) hasn’t made reasonable financial provision for them.
The people who might be able to make a claim include:
- A spouse or civil partner of the deceased, whether or not they’re mentioned in the Will.
- A former spouse or civil partner who hadn’t remarried or entered a new civil partnership and was financially dependent on the deceased when they died.
- Children of the deceased, including adopted children, who believe they haven’t been properly provided for.
- A cohabiting partner who was living with the deceased as if they were married or in a civil partnership for at least two years before they died, and who was financially dependent on them.
- Other dependants who were being financially maintained, either fully or partly, by the deceased before their death.
Answer a few questions and you’ll get a free tailored report with detailed advice on specific issues around your situation.
FAQs
You will receive an outcome report with an instant answer on your legal standing to bring a claim, and a breakdown of the strengths and weaknesses of the key issues.
Yes, the Claim Checker is completely free of charge. Once complete you’ll receive your outcome report, outlining the key issues.
We partner with IDR Law, Inheritance Dispute Specialists, who will contact you for a free no obligation chat about your situation.
1 in 3 people rely on an inheritance to buy property, pay off a debt, or pay for their elderly care.
If you were relying on inheritance for any of these reasons, then you are well within your rights to question if you think the inheritance has been incorrectly distributed.
Deciding to dispute inheritance can seem like a difficult undertaking because of the sensitivity around losing a family member, or the resulting family disputes which often arise.
If you are legally entitled to a greater share of the inheritance, you should not feel uncomfortable challenging the arrangements to receive what is rightfully yours.
The longer the time from a person’s death, the harder it can be to dispute inheritance. It is still possible, but there are two main issues that can arise.
Gathering evidence
It can be difficult to gather enough evidence to support your case because everything is old. Witnesses may have died or will files, and other documents
may have been destroyed.
Overturning previously settled cases
It can be difficult to challenge the administration of an estate that was carried out and settled a long time ago, if it was considered to have been carried out correctly and in good faith at the time.
The courts may be reluctant to overturn or interfere with a case that was considered settled, and all decisions made around the estate were considered correct.
Our expert partner IDR Law can help assess your circumstances and advise on the likelihood of a dispute being considered by the courts.