Contest a Will

Contest a Will

If you believe a Will does not reflect the true intentions of a loved one, our specialist team can help. At Franklins Solicitors, we provide clear, compassionate guidance through Will disputes and probate challenges, working to protect your interests and resolve matters efficiently and fairly.

If you believe a Will does not reflect the true intentions of a loved one, our specialist team can help. At Franklins Solicitors, we provide clear, compassionate guidance through Will disputes and probate challenges, working to protect your interests and resolve matters efficiently and fairly.

Law for life

What Does It Mean to Contest a Will?

Contesting a Will means challenging its validity or how an estate is being distributed after someone has died. Common reasons include concerns about whether the person who made the Will had mental capacity, whether they were pressured or influenced, or whether the Will was signed and witnessed correctly.

Disputes can also arise if you feel you were unfairly left out of a Will or not properly provided for, or if an executor is not carrying out their duties fairly. In situations where no valid Will exists, arguments can also arise under the intestacy rules.

law for life

Grounds for Contesting a Will

Every situation is different but the most common grounds include:

  • Lack of Capacity – The Person Making the Will did not Fully Understand What They Were Doing.

  • Undue Influence – Pressure, Manipulation, or Coercion Affected the Will.

  • Fraud or Forgery – The Will May Not Genuinely Reflect the Person’s Wishes.

  • Incorrect Signing – The Will Wasn’t Properly Executed According to Legal Requirements.

  • Claims Under the Inheritance Act 1975 – Where Dependants or Close Relatives Feel they Were Not Adequately Provided for.

How We Resolve Will Disputes

We understand how emotional and stressful these disputes can be, especially between family members. Wherever possible, our solicitors prioritise negotiation and mediation, which can avoid costly and lengthy court proceedings.

If litigation becomes necessary, we have the expertise to represent you robustly and secure a fair outcome. We also support executors facing challenges, advising them on their legal responsibilities and helping them defend claims.

Speak to our Litigation Team

Whether you are dealing with a property disagreement, a contract dispute, or a contested Will, our solicitors are here to help you find a clear, fair resolution.

Wills, Trusts & Estate Planning

Expert Guidance on Will Disputes

Challenging Validity

Wills can be contested if there are doubts about mental capacity, undue influence, fraud, or incorrect signing.

Disputes Over Fair Provision

Claims may arise if someone feels unfairly left out or not adequately provided for under the Inheritance Act 1975.

Executor Issues

Executors who fail in their duties can face disputes, requiring legal advice and resolution.

Resolving Conflicts

Our solicitors aim for negotiation and mediation to avoid court where possible but will represent you strongly if litigation is required.

Specialist Support from Franklins

With over 40 years’ experience, our specialist solicitors provide clear, practical advice on contested Wills and inheritance disputes. We work to achieve fair, effective resolutions for all parties involved.

Wills, Trusts & Estate Planning

Contest a Will FAQs

What is contentious probate?2025-08-21T16:50:37+01:00

Contentious probate refers to legal disputes that arise after someone has died, usually involving disagreements over the validity of a Will, the distribution of an estate, or the conduct of executors or administrators.

Who can challenge a Will?2025-08-21T16:51:01+01:00

Challenges are typically brought by people who were financially dependent on the deceased, close family members, or those who believe they were unfairly excluded. In some cases, people named in a previous Will may also have grounds to bring a claim.

On what grounds can a Will be contested?2025-08-21T16:51:28+01:00

A Will can be contested if there are concerns about the deceased’s mental capacity, undue influence, fraud or forgery, or if the Will was not properly executed under legal formalities. A claim may also be brought under the Inheritance Act 1975.

How long do I have to make a claim?2025-08-21T16:51:50+01:00

Most claims must be made within six months from the date of the Grant of Representation. Some types of claims may not have a strict time limit but early advice is essential.

How can Franklins Solicitors assist with a contentious probate matter?2026-01-05T11:14:36+00:00

If you are involved in a contentious probate case, our experienced litigation team can help. Whether contesting a Will, defending claims, or resolving disputes between executors and beneficiaries, we provide expert guidance to protect your interests and achieve a fair outcome.

Will I have to go to court to resolve a probate dispute?2025-08-21T16:52:59+01:00

Not necessarily. Many contentious probate matters are resolved through negotiation or mediation, avoiding the need for a full court hearing. However, if an agreement cannot be reached, the matter may proceed to litigation.

What is the Inheritance Act and how does it apply?2026-01-05T11:15:49+00:00

The Inheritance Act 1975 allows certain people, including spouses, children and financial dependants, to claim for reasonable financial provision from an estate if they believe the Will or intestacy rules do not make adequate provision for them.

Can executors be removed if there’s a dispute?2025-08-21T16:52:14+01:00

Yes. If executors are not acting in the best interests of the estate or are causing unnecessary delays or conflicts, an application can be made to the court for them to be removed and replaced.

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