A Will, when properly prepared by a solicitor, represents the true wishes of the testator (the person who has made the Will) regarding the distribution of their assets upon death.
It is crucial that a Will is created in compliance with certain formalities, a process where the expertise of experienced solicitors is invaluable.
Occasionally, a Will is challenged, often on grounds such as improper execution or lack of mental capacity at the time of signing. This is where solicitors who have expertise in contested Wills matters play a critical role. They can meet challenges arising from allegations such as the testator being under duress or undue influence placed upon them, which might lead to a Will not reflecting the testator’s true intentions.
If a Will is to be challenged, it is imperative to seek prompt legal advice from experienced solicitors who specialise in contested Wills cases. They can issue a Caveat to prevent a Grant of Probate from being obtained. Without a Grant of Probate, the executors cannot distribute the deceased’s estate. Executors informed of a claim against the validity of a Will should also seek immediate advice from solicitors who have knowledge of contested Will disputes.
How long is the legal process when contesting a Will?
The duration of the legal process can vary. If parties are open to a negotiated settlement without court proceedings, the dispute might be resolved within weeks. However, if court proceedings are necessary, it typically takes 12 to 18 months for a claim to reach trial, although most cases settle before this stage.
Is it expensive?
The costs depend on the dispute’s complexity. As solicitors who specialise in contested Wills cases, we will provide an estimate of costs at the start of our engagement. In certain cases, we may offer a conditional fee agreement or a deferred fee arrangement. Please see legal costs for funding options for further information.
What should people do before calling?
Before contacting us, it’s helpful to have a copy of the Will and information about the estate’s approximate size.
To make a free enquiry, please call our contested Wills solicitors now on 020 8858 6971 to arrange a telephone discussion or email us today.
