Wills, Estates and Inheritance Disputes

Contesting a Will – Will Dispute Solicitors

Losing a loved one is always difficult, and it can become even more distressing when inheritance disputes, will disputes, or concerns about the distribution of an estate arise. If you feel unfairly treated or have been completely left out of a will, you are not alone. Many individuals find themselves in this situation. Disputes involving wills, estates, and probate law are often sensitive, particularly when they affect close family relationships or involve significant assets.

At Carruthers Law, we understand how emotionally charged these situations can be. As specialist will dispute solicitors, we are here to help you navigate the process with clarity and professionalism. Whether you are contesting a will, disputing the actions of an executor, or seeking reasonable financial provision under the Inheritance Act 1975, we offer strategic, tailored advice to protect your rights every step of the way.

With extensive experience in complex inheritance claims and high value contentious probate litigation, our team provides the strong yet empathetic support you need. We act for clients across England and Wales and focus exclusively on cases involving claims over £100,000 against substantial estates. If you are involved in an estate dispute and require clear, expert guidance, Carruthers Law is here to assist.

Grounds for Contesting a Will

Contesting a will in England and Wales, sometimes referred to as challenging a will, requires valid legal grounds. You cannot dispute a will simply because you feel it’s unfair. Some of the most common grounds for contesting a will include:

• Lack of Due Execution: The Will wasn’t signed or witnessed correctly in accordance with the formal legal requirements. If a will does not meet the strict signing and witnessing rules of the Wills Act 1837, it may be considered invalid.
• Lack of Testamentary Capacity: The person making the Will (the testator) did not have the mental capacity to understand what they were doing at the time. For example, they may not have comprehended the extent of their estate or the implications of their decisions due to illness or impairment.
• Lack of Knowledge and Approval: The testator was not fully aware of, or did not approve of, the contents of the Will. This might occur if someone else prepared the will and, due to reasons like blindness or illiteracy, the testator could not verify its contents.
• Undue Influence: Another person improperly pressured or coerced the testator into making certain provisions in the Will. A will brought about by manipulation or intimidation can be challenged on this basis.
• Fraud or Forgery: The content of the Will is fraudulent or the signature was forged. If a will was procured by deception or is a forgery, it can be declared invalid.
• Insufficient Provision: The Will fails to make reasonable financial provision for a dependent who expected to benefit. English law allows certain family members and dependants to seek a share of the estate under the Inheritance (Provision for Family and Dependants) Act 1975 if they were not adequately provided for in the Will.

It’s important to note that contesting a will isn’t limited to questioning the will’s validity. Even if a Will is valid, close family members or financial dependants left with little or nothing may have grounds to claim reasonable provision from the estate. We discuss such inheritance claims under the Inheritance Act 1975 in the next section.

Contentious Probate and Inheritance Act 1975 Claims

Contentious probate refers to any dispute over the administration of a deceased person’s estate. This broad area includes challenges to the validity of Wills, as well as disputes over inheritance where the Will, or the default intestacy rules, fail to make fair provision for a close family member. If you have been excluded from a will, or received far less than you expected, you might be entitled to bring a claim for reasonable financial provision.

One of the most common routes for those who feel left out is an Inheritance Act 1975 claim. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people, typically spouses, civil partners, children, including adult children, and others who were financially dependent on the deceased, to ask the court for a proper share of the estate. Even if the Will is valid, the law recognises that some individuals, for example, a surviving spouse or child, should not be unreasonably left with nothing or too little. This kind of inheritance dispute focuses on whether the Will, or the result of intestacy failed to make reasonable provision for the claimant.

Timing is crucial for an Inheritance Act claim. Such claims must usually be started within six months from the date of the Grant of Probate. Courts can allow late claims in exceptional circumstances, but it’s risky to delay. If you believe you have a potential claim under the 1975 Act, it’s important to seek legal advice as soon as possible. We can quickly assess your eligibility and ensure any claim is filed within the required timeframe.

Contentious probate also covers other estate-related disputes, such as disagreements among beneficiaries about the meaning of a Will, or cases of proprietary estoppel, where someone was promised an inheritance and relied on that promise. Our solicitors are experienced in the full range of these disputes and work to resolve them efficiently, understanding that both significant assets and family relationships may be at stake.

Executor and Trustee Disputes

Disputes don’t only arise over the contents of a Will; they can also occur during the administration of an estate. An executor is the person appointed in a Will to carry out the deceased’s wishes, and a trustee manages any trust set up by the Will or the estate. Unfortunately, conflicts can emerge if executors or trustees do not fulfil their duties properly, or if there are disagreements among the people involved in the estate’s administration.

Executor Disputes

Executor disputes often involve tensions between executors and beneficiaries, or even between co-executors, regarding how the estate is being handled. Common issues include disagreements about the correct interpretation of the Will’s terms, delays in distributing assets, lack of transparency or communication about estate finances, or executors making decisions that beneficiaries consider improper. In more serious cases, an executor might be accused of acting against the interests of the estate, for example, by mismanaging assets or showing favouritism. In such situations, beneficiaries may seek to have that executor removed or replaced. We can advise you on the process for removing an executor or addressing executor misconduct, ensuring the estate is administered fairly.

Trustee Disputes

Trustee disputes can arise when a trust is involved, for instance, a trust for young beneficiaries or one set up to manage assets long-term. Disagreements may occur between trustees and beneficiaries, or among co trustees, over how trust funds should be invested or distributed, whether the trustee is properly following the trust’s terms, or if a trustee is taking unauthorised fees or other benefits. Beneficiaries might feel a trustee isn’t acting in their best interests, leading to calls for that trustee’s removal. Carruthers Law’s solicitors are well versed in trust law and can help resolve these disputes through negotiation or, if necessary, court action. We aim to hold executors and trustees accountable to their legal duties so that the intentions in the Will or trust are honoured and beneficiaries are treated fairly.

How to Contest a Will

If you are wondering how to contest a will, it typically involves several key stages. While every case is different, the process generally follows these steps:

1. Seek Legal Advice: The first step is to consult a specialist solicitor. We will review the details of your situation and advise on the merits of your case. This may involve gathering evidence, for example, medical records to prove lack of capacity, or witness statements to support a claim of undue influence.
2. Pre-Court Negotiation: Before resorting to court proceedings, there is usually an attempt to settle the dispute through negotiation or mediation. Many will contests are resolved at this stage without the need for a trial. Through your solicitor, you can engage with the other parties to try to reach an amicable agreement. Mediation, in particular, is a popular method to achieve a settlement while preserving family relationships as much as possible.
3. Court Proceedings: If an agreement cannot be reached through negotiation, the final step is to bring a claim in court. Formal legal proceedings will be issued, and ultimately a judge will decide the outcome of the case. We will prepare a robust case on your behalf and guide you through the litigation process. Rest assured, we only recommend going to court when it’s the best or only way to secure the outcome you need.

Throughout this process, our focus is on resolving matters as efficiently and sensitively as possible. By exploring alternative dispute resolution first, we aim to save you time and expense. However, if court action becomes necessary, we will stand by your side and advocate tenaciously for your position.

Frequently Asked Questions

What is a will dispute?

A will dispute, also known as a contentious probate matter, refers to any legal disagreement over a deceased person’s estate. This includes challenges to the validity of a Will, as well as disputes about how an estate is being administered or distributed among beneficiaries.

Who can contest a Will ?

Typically, those with a close relationship to the deceased or a financial dependency on them may contest a Will. This can include:

• A spouse, civil partner, or child who was left out of the Will or not adequately provided for.
• Someone financially dependent on the deceased, such as a cohabiting partner or family member, who did not receive reasonable provision.
• A person who was promised a specific inheritance by the deceased that was not honoured in the Will.
• Other relatives or individuals who qualify under the law, for example, those eligible to claim under the Inheritance (Provision for Family and Dependants) Act 1975 (such as certain step-children or dependants).

In general, you must have an interest in the estate, usually as a close family member, beneficiary, or dependent, to have legal standing to challenge the Will.

What are the grounds to contest a Will?

You can challenge a Will’s validity or fairness on several grounds. Common grounds to contest a will include lack of proper formalities, the Will not being signed or witnessed correctly,  lack of testamentary capacity, undue influence by another person, fraud or forgery, and insufficient provision for a dependent, a claim under the Inheritance Act 1975. These are the typical reasons one might dispute a Will’s contents or validity.

What is the time limit to contest a Will in the UK?

Certain types of will disputes are subject to specific time limits. For example, a claim for reasonable financial provision under the Inheritance Act 1975 must usually be made within six months of the Grant of Probate. Other challenges to the validity of a Will, such as claims of fraud or undue influence, generally do not have a fixed statutory deadline, but it is advisable to act as soon as possible. Any significant delay could complicate the case, assets might be distributed and important evidence can become harder to gather. If you think you may have grounds to contest a Will, you should seek legal advice promptly to avoid missing any deadlines (see our guide on limitation periods for more detail).

How much does it cost to contest a Will?

The cost of contesting a will can vary widely depending on the complexity of the case and how long it takes to resolve. In general, each side is responsible for their own legal fees during the dispute, and most people pay privately for a solicitor’s services. Many disputes do settle before reaching court, which helps keep costs down. In some situations, alternative funding arrangements may be available, or example, legal expenses insurance or a conditional fee agreement, commonly known as a ‘no win, no fee’ arrangement. It is best to discuss the likely costs and possible funding options with your solicitor at the outset so you can make an informed decision.

Can I contest a Will if I am not named as a beneficiary?

Yes. Even if you were left out of a Will, you may still have the right to contest it. Certain family members who have been omitted, such as a spouse, civil partner, or child, can claim reasonable financial provision from the estate under the Inheritance Act 1975. Additionally, if you were financially dependent on the deceased, or were promised something by the deceased that was not reflected in the Will, you could have grounds to challenge it. Being left out of a Will does not automatically mean you have no claim. It is important to seek legal advice on your specific circumstances to understand your rights.

How can I remove an executor of a Will?

If an executor is failing to perform their duties properly or is unfit to act, beneficiaries can ask the court to remove or replace that executor. It is often wise to first raise your concerns and request that the executor step aside voluntarily. If the executor will not cooperate, a formal application can be made to the Probate Registry or the High Court to remove them. Common grounds for removal include an executor’s incapacity, misconduct, conflict of interest, or serious mismanagement of the estate. A solicitor can guide you through the process of removing an executor and help gather the necessary evidence to support your application.

What information are beneficiaries entitled to about an estate?

Beneficiaries are entitled to certain key information during the administration of an estate. For example, a beneficiary has the right to see a copy of the Will and to receive estate accounts showing the assets, liabilities, and distribution of the estate. Executors should keep beneficiaries reasonably informed and provide updates on the estate’s progress. If an executor refuses to provide information, a beneficiary can apply to the court for an inventory and account, which is an order compelling the executor to disclose detailed estate accounts and financial dealings. In short, beneficiaries should expect transparency about how the estate is being managed.

I am an executor facing a will dispute. What should I do?

If you are an executor involved in a will dispute, it is crucial to obtain independent legal advice promptly. A solicitor experienced in contentious probate can advise you on your duties and help you respond properly to any claims against the estate. In many cases, disputes can be resolved through negotiation or mediation, which spares you from protracted court proceedings. Your solicitor will also focus on protecting you from personal liability, for example, by ensuring you are not unfairly blamed for losses and that you comply with any court directions. By acting quickly and taking professional advice, you can fulfil your role as executor while properly addressing the dispute.

Do will disputes have to go to court?

Not always. In fact, many will disputes and contentious probate cases are resolved through negotiation or alternative dispute resolution without the need for a full court trial. Mediation is a common and often effective way to reach a settlement, helping to preserve family relationships as much as possible. At Carruthers Law, our goal is to achieve a fair resolution for you through discussion and agreement if we can. We will engage with the other side to see if the dispute can be settled amicably. If a fair agreement cannot be reached, then court proceedings may become necessary. In that event, we will represent you robustly throughout the litigation process. We only recommend going to court when it’s the best or only way to secure the outcome you need.

Who pays the legal costs of contesting a Will?

Cost is an important consideration in any will dispute. Generally, during the course of a dispute, each party is responsible for their own legal costs. If the case goes all the way to a court trial, the judge will decide who should pay the costs at the end. The usual rule in civil cases, including will disputes, is that the losing party pays the winning party’s costs. However, the court has discretion to depart from that rule.

In some contentious probate cases, especially those involving an unclear Will or mistakes by the will drafter, the court might order that costs be paid out of the estate itself. It’s also important to note that even if you win your case, you might not get 100% of your legal costs back from the other side. We will advise you on the likely cost implications from the outset. In some situations, we may be able to offer flexible funding arrangements, for example, deferred fees or insurance options, to help you manage the cost of contesting a Will.

Why Choose Carruthers Law?

Choosing the right solicitors to handle your will dispute can make all the difference. At Carruthers Law, we combine legal excellence with a client-focused approach. Here are some of the reasons to consider our team for your contested will or probate dispute:

• Extensive Contentious Probate Expertise: Our firm has expertise in contentious probate matters, including experience in High Court will disputes and complex inheritance claims. We stay up to date on the latest developments in contesting wills and probate law, so we can tackle even the most challenging cases effectively.
• Compassionate, Personal Service: We know that will disputes often arise at an emotional time for families. We approach each case with sensitivity and empathy, taking care to understand your unique circumstances. You will receive attentive, personalised support throughout the process. We aim to reduce your stress,  not add to it, and we handle delicate family situations with the utmost discretion.
• Proven Track Record: Carruthers Law has successfully represented clients in a range of high-value inheritance disputes. We pride ourselves on achieving fair outcomes for our clients, whether through negotiated settlements or, when required, through court proceedings.
• Practical & Cost-Conscious Approach: We strive to resolve disputes efficiently and avoid unnecessary litigation whenever possible. By exploring negotiation or mediation first, we can often save you time and legal expense while still protecting your interests. If a lawsuit cannot be avoided, our experienced litigators will prepare a robust case and advocate tenaciously on your behalf. Our focus is always on finding the most effective route to a positive resolution.
• Nationwide Reach: Although Carruthers Law is based in Liverpool, we act for clients across England and Wales. Our will dispute solicitors can assist you no matter where you are located in these jurisdictions. We often use phone, email, and video conferencing for convenience, but can also arrange in-person meetings as needed. Wherever you are, you can access our specialist legal support.

How Carruthers Law Can Help

Facing a will dispute can be intimidating, but you don’t have to go through it alone. Contact Carruthers Law’s solicitors today for clear, expert guidance. We offer a friendly, no-obligation initial consultation to discuss your situation and outline how we can assist. Whether you’re looking to challenge a will’s validity, make an inheritance claim, or resolve an executor or trustee issue, our experienced team is ready to help.

Let us provide the dedicated support and legal expertise you need during this challenging time, so you can move forward with confidence. Your inheritance and your family’s future may be on the line, but with our will dispute lawyers fighting for your rights, you can pursue your case with peace of mind.