Specialist solicitors for contesting and defending wills, Inheritance Act claims, and all forms of will dispute. Acting for claimants and defendants across Chester, Cheshire, North Wales and England & Wales.
There are several legal grounds on which a will can be challenged. We will advise you honestly on whether your circumstances give rise to a valid claim.
The person making the will did not have the mental capacity to understand what they were doing — for example, due to dementia, mental illness, or the effects of medication.
The person was pressured, coerced, or manipulated into making the will — or changing it — in a way that does not reflect their true wishes.
The will has been forged, or the person was deceived into signing a document they did not understand or that misrepresented its contents.
The will was not signed and witnessed correctly in accordance with the Wills Act 1837 — for example, the witnesses were not present at the same time.
The person did not know or approve the contents of the will — even if they signed it. This can arise where someone else prepared the will and the testator did not understand it.
Even where a will is valid, certain people can apply to the court for reasonable financial provision if the will (or intestacy) fails to make adequate provision for them.
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to the court for reasonable financial provision from an estate where the will (or intestacy rules) has failed to make adequate provision for them.
Claims must generally be brought within six months of the grant of probate. If you think you may have a claim, seek advice immediately — do not wait.
| Who can claim | Basis |
|---|---|
| Spouse or civil partner | Inheritance Act 1975 — reasonable financial provision |
| Former spouse (not remarried) | Inheritance Act 1975 — maintenance only |
| Cohabitant (2+ years) | Inheritance Act 1975 — maintenance only |
| Child of the deceased | Inheritance Act 1975 — reasonable financial provision |
| Person treated as a child | Inheritance Act 1975 — reasonable financial provision |
| Financial dependant | Inheritance Act 1975 — maintenance only |
If you are an executor or beneficiary facing a challenge to the validity of a will, or an Inheritance Act claim, you need experienced, robust representation. We act for those defending the estate as well as those bringing claims.
As executor, you have a duty to protect the estate and act in the interests of all beneficiaries. You should not distribute the estate while a dispute is pending — doing so could expose you to personal liability.
We offer a free initial consultation to listen to your situation and give you an honest assessment of your options — before any commitment.
Yes — you can contest a will if you have grounds to do so. The main grounds are: lack of testamentary capacity, undue influence, fraud or forgery, improper execution, and lack of knowledge and approval. You can also bring a claim under the Inheritance Act 1975 if the will (or intestacy) fails to make reasonable financial provision for you. You should seek legal advice as soon as possible, as time limits apply.
Time limits depend on the type of claim. Inheritance Act claims must be brought within six months of the grant of probate. Claims to challenge the validity of a will do not have a strict statutory time limit, but delay can prejudice your position — particularly once the estate has been distributed. Always seek advice promptly.
Costs depend on the complexity of the dispute and whether it settles or proceeds to trial. We offer a free initial consultation and will provide a clear costs estimate before any work begins. In some cases, conditional fee arrangements may be available. Costs can sometimes be recovered from the estate if the claim is successful.
If a will is successfully challenged, it may be declared invalid — in which case an earlier will (if one exists) takes effect, or the estate passes under the intestacy rules. If an Inheritance Act claim succeeds, the court will order that reasonable financial provision be made from the estate. The outcome depends on the specific circumstances of the case.
Yes — many will disputes settle without going to court, through negotiation, mediation, or a formal settlement agreement. We always explore settlement options first to save time and cost. Where settlement is not possible, we provide experienced representation in the Chancery Division of the High Court or County Court.
If you receive a threat to contest the will, you should seek legal advice immediately. As executor, you have a duty to protect the estate and act in the interests of all beneficiaries. You should not distribute the estate while a dispute is pending. We can advise you on your duties and represent you in defending the will.
Free initial consultation. We'll give you an honest assessment of your options — before any commitment.
Sensitive, confidential advice. Chester, Cheshire & North Wales.
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