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    Can I Contest a Will?

    Who Can Contest a Will

    Grounds for Contesting a Will

    Timescale for Contesting a Will

    Contesting a Will in England and Wales - Can I Contest A Will? is able to Contest a Will under the Inheritance (Provision for Family and Dependants) Act 1975. It is this act that sets out the strict criteria with which we are able to make a Contest against a Will. Our expert Contest a Will team will quickly be able to evaluate your case to see if it is possible for you to make a will contest with In order for to proceed with a "Contest a Will" or "Inheritance Act Claim" the following criteria must be meet:

  1. You must be Eligible to Contest the Will
  2. You must have Sufficient Grounds to Contest the Will
  3. It must be within 6 Months of the Grant of Probate
  4. The deceased must have been a resident of England or Wales
  5. The will must have been made in England or Wales
  6. The deceased's Estate must be worth over £100,000

We may be able to assist with the contesting of a will with lower value estates, however we will not be able to proceed under a No Win No Fee agreement. Please contact us to see if this is the case and for further details.

Eligible to Contest a Will - Who can Contest a Will

The Inheritance Act states that the Contesting of a Will must be started by a person associated with the deceased in order to become a beneficiary or a greater beneficiary of the deceased's estate.

To Contest a Will under the Inheritance Act you must therefore be either:

  1. a Child of the deceased^
  2. a Husband, Wife or Civil Partner of the deceased
  3. a Former Husband, Wife or Civil Partner of the deceased
      • who was receiving maintenance and has not remarried / entered into a new civil partnership
  4. any person who was dependent financially on the deceased
  5. any person who was treated as a 'child of the family' by the deceased
  6. a Co-habitee of the deceased
      • this must have been for a minimum of 2 years
  7. any person who received a Maintenance:
      • any person who was partly or wholly maintained by the deceased immediately before his/her death

Grounds for Contesting a Will

For to process a Will Contest under the Inheritance Act we must be able to prove sufficient Grounds to Contest a Will.

  1. Inadequate Inheritance
      • i.e. not been sufficiently provided for, or not being included in the will.
  2. Negligent Drafting of the Will
      • i.e. a home made will or negligent will writer
  3. Coerced into Signing the Will (or Undue Influence)
      • i.e. forced to sign the will under duress / pressure, or being subject to undue influence
  4. Lack of Mental Capacity to Sign the Will
      • i.e. person was not of sound mind or suffering from dementia.
  5. Invalid Will
      • Was the Will signed properly?
      • Was it the last Will?
      • Evidence of Fraud / Forgery?
      • Evidence it was revoked?
  6. Improper Conduct by an Executor or Trustee
  7. Dispute of Ownership of Property that is to be distributed
What other factors need to be considered in order to Contest a Will?

To Contest a Will (make an Inheritance Act Claim) our solicitors must take into account numerous factors in order to determine whether you have the chance of a successful Will Contest.

These factors are what a court will base their decisions on (and which we will also base our assessment on) and your level of entitlement.

  1. Your financial situation and that of other beneficiaries.
  2. The deceased obligations to you or any other beneficiary.
  3. Any disability you may have.
  4. Your relationship with the deceased.

If you are a Spouse or Civil Partner making a will contest extra factors will be considered to determine what inheritance you are entitled to, such as:

  1. The length of your marriage or civil partnership.
  2. Your ages.
  3. Responsibility for any children from the marriage.
  4. What you would have received in a divorce settlement if death had not occurred.
Timescale for Contesting a Will

The Inheritance Act 1975 states:

Put simply the timescale to "Contest a Will" under the Inheritance Act is within 6 months of the Grant of probate.

Although it may be possible to Contest the Validity of a Will at any time, claims being brought under the Inheritance Act 1975 must be lodged within 6 months of the date of Grant of Representation (Grant of Probate). The courts may not look favorably on long delays and cases brought late may be complicated by the estate having already been distributed.

If you want to Contest a Will we advise you to take action as soon as possible. If you delay, contesting the will may be impossible.

Contesting a Will - England and Wales

It is only possible for to contest a will if the deceased was a resident of England or Wales, and it is a Will made out in England or Wales and therefore subject to the Laws of England and Wales.

Contesting a Will - Overseas (or other areas of the UK)

If you live overseas or in another area of the UK it is possible to make a will contest if the deceased was a resident of England or Wales AND it was a will made in England or Wales. We can deal with you "out of UK working hours", via telephone, email, skype, or even in person. - Ask us a Question?

If you are unsure whether you can Contest a Will then contact today on 0800 077 6055 (Freephone) or 0330 022 8944 (local rate / inclusive in mobile minutes) from your mobile. There is never any obligation to start the Contest a Will process and we will evaluate your case for FREE.

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How much will it Cost?

At Contest A Will 2 we will contest your will on a No Win No Fee* basis wherever possible; allowing you to contest a will with no initial cost to you. We only get paid if we win your case and there is an award in your favour.

'8 out of 10 cases are handled on a No Win No Fee* basis'

Our Expert Contest a Will Solicitors speak plain English and will explain everything to you prior to entering into any agreements.

Contact Contest A Will 2 today to see whether you can Contest a Will 2 Win.

We will evaluate your case for FREE and there is Never Any Obligation to Contest a Will with Contest A Will 2

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Criteria to Contest a Will...

can I contest a will?If you can answer 'Yes' to the following questions then you may be able to Contest A Will 2 Win.

  1. Are you a Relative, Spouse, Civil Partner or a Dependant of the deceased? (or treated as such)?
      • or a Former Spouse / Partner?
      • or received a Maintenance or were a Co-habitee?
  2. Did the deceased live in England or Wales?
  3. Is it within 6 months of Grant of Probate?
  4. Does the estate have a value in excess of £100,000?
  5. Do you have Grounds to Contest a Will?

See Can I Contest A Will... for more info...

If you are unsure if you can contest a will for a FREE evaluation.

Why Use Us...

Why use Contest A Will 2 to fight your case...

valid No Win No Fee - 8 out of 10 of all Contest a Will cases are handled No Win No Fee.

valid Clear and Honest Advice with a FREE Evaluation of your case - see if you can Contest a Will 2 Win.

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valid Dedicated Solicitors - we are dedicated to Contesting Wills for Maximum and Quick settlement of every case.

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valid Personal Service - If needs be we will come and see you, and you will always deal direct with 'Your' Personal Solicitor.

Our Promise to You...

Experience Counts...

Experience Counts...

Contesting a Will is a difficult process and you need an Experienced Solicitor to fight your case.

Contest A Will 2 deals with hundreds of cases like yours every single year and has grown to become one of the UK's leading companies in the field.

Our expertise, knowledge and reputation will give you the best chance of success.

We work across the whole of England and Wales and with Contest A Will 2 you really can Contest a Will to Win...


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