Contesting a Will.
Our specialist Disputed Probate Team offer clear advice on all aspects of Wills, Probate and Tax planning, Dispute Resolution and Property Law.
Dealing with the affairs of a loved one can be difficult and complex.
We're experienced in dealing with complex situations.
If you believe you have grounds to contest a will, we strongly advise you to seek expert legal advice. We can provide you with the comprehensive advice and guidance you need to resolve even the most complex of situations.
Whilst making a Will is the best way to ensure your personal belongings are distributed according to your wishes, we are all too aware of the issues that arise when a Will is not made correctly and disputes occur over the validity of a Will or Trust.
Our specialist Disputed Probate Team draws together solicitor's who have expert knowledge on all aspects of Wills, Probate and Tax planning, Dispute Resolution and Property Law, providing you with the comprehensive advice and guidance you need to resolve even the most complex of situations. The Team are able to provide comprehensive advice and support on a number of issues in this area including:
Disputed wills
Disputes between executors and beneficiaries
Bringing or defending claims under the Inheritance (Provision for Family and Dependants) Act 1975 – some family members and dependents are eligible to make a claim when someone has died, should the deceased's will not make reasonable financial provision to support them
Negligence claims
Promises, assurances and conduct - instances where claims can be made where assurances by the deceased were made which are not reflected by either the relevant will or the intestacy rules
Contentious applications to the Court of Protection including applications in relation to Statutory Wills
Professional negligence in relation to wills, trusts and/or estates
Working With Our Service Team
Our dedicated legal experts are highly specialised in this area of law and are able to provide comprehensive legal advice and guidance to resolve even the most complex of situations.
- Angie Manley
If you have an enquiry in relation to Challenging a Will or simply want to speak to a member of our expert team, please get in touch.
Legal 500 2024: The Disputed Probate Team were recognised as a leading team in the West Midlands.
FBC Manby Bowdler LLP 'holds its own against the 'City' firms' and is 'experienced and knowledgeable'. It is skilled at handling disputed trust and probate work under the leadership of Charlotte Clode. The group is adept at dealing with complex and multi-jurisdictional cases and Court of Appeal proceedings. Its work spans challenges to wills, emergency injunction applications and breach of trust actions. Senior Associate, Kimberly Mears, has returned to the firm. Angie Manley, who is also a senior associate, has considerable strength in substantial multi-party probate claims.
Senior Associate's, Angie Manley and Kimberly Mears are both recognised as 'Rising Stars'.
- "Angie Manley has long been a professional that I have recommended clients and contacts to. I find her efficiency and methodical yet personal service to be exemplary and she is a pleasure to deal with on that basis. When instructing Angie, you can be confident that the desired outcome is always at the forefront of her mind".
- "Kimberley Mears is a very efficient operator. Angie Manley has highly polished client skills".
To find out more about our rankings, please click here.
There are certain legal technicalities which a Will must comply with in order to be valid. Assuming these have been properly adhered to reasons you may decide to contest a will are:-
- You believe the Testator did not have sufficient mental capacity to understand what they were signing.
- You believe the Testator did not have sufficient knowledge about the estate or the contents of the will they were signing and therefore could not give approval.
- You believe the will was written and signed under Undue Influence
- You believe the will is Fraudulent or Forged.
There is no age requirement in order to contest a Will. Minors have the same rights as adults and are able to commence claims and defend claims against an estate. If a minor would like to bring forward a claim, they will require a “Litigation Friend” who will be appointed by the Court to act on their behalf within proceedings. A Litigation friend has a duty to the minor to act in their best interests, which will often include seeking legal advice and liaising closely with the minor to ensure that they understand the progress of a case.
Whilst there is no time limit to challenge a will it is essential that the grounds for the challenge are investigated as soon as possible to secure the required evidence. Urgent action may also be required to prevent a grant of probate from being obtained or to protect estate funds and assets whilst your claim is being investigated. It is therefore important that you should take legal advice in respect of your will challenge as soon as you can from an expert in this area of law.
- You may be entitled to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975
- You must fit into one of the accepted categories of claimant to be able to claim under this Act.
- You must bring a claim within 6 months from the date of the Grant of Probate or Letters of Administration.
- It is therefore important that you should take legal advice at the earliest possible opportunity from a solicitor experienced in this area of law.
