Inheritance, Wills, Trusts & Probate Disputes

The fee depends on whether a claim is brought in the county court or high court but the maximum fee is £528. You may also be entitled to a fee remission based on your financial circumstances.

The Inheritance (Provision for Family and Dependants) Act 1975 makes provision for certain classes of people to seek ‘reasonable financial provision’ from estates. The classes of potential claimant include spouses and civil partners, former spouses and civil partners, cohabitees, children and those treated as children of the deceased. A person who was being maintained (financially) by the deceased prior to death may also be able to bring a claim.

Generally, claims are brought by those who have been excluded from inheriting under the terms of a Will or where, because there is no Will, they are not beneficiaries under the intestacy rules. Even if a Will or intestacy does make some provision for someone, this does not prevent them from bringing a claim seeking greater provision.

What level of financial provision is reasonable depends on a number of factors depending on who is making the claim but, broadly, the court considers the size of the estate and the financial resources and competing needs of the claimant and the estate’s beneficiaries.

The court can and will however take other matters into account including the conduct of the deceased, the claimant or any other person. There are numerous factors to consider in determining the strength of a claim and what, if any, provision should be made for a claimant.

Yes. Claims must be brought within 6 months of the grant of probate or administration being issued. Claims can be brought after this time limit but only where the court gives permission and it does not do so lightly.

The Inheritance (Provision for Family and Dependants) Act 1975 makes provision for certain classes of people to seek ‘reasonable financial provision’ from estates. The classes of potential claimant include spouses and civil partners, former spouses and civil partners, cohabitees, children and those treated as children of the deceased. A person who was being maintained (financially) by the deceased prior to death may also be able to bring a claim.

Generally, claims are brought by those who have been excluded from inheriting under the terms of a Will or where, because there is no Will, they are not beneficiaries under the intestacy rules. Even if a Will or intestacy does make some provision for someone, this does not prevent them from bringing a claim seeking greater provision.

To dispute the validity of a Will, a person needs to show that they have a sufficient interest to do so. This is usually that, if the Will is invalid, that person would inherit more under a previous Will or on intestacy. There can be other circumstances where a person has a sufficient interest to challenge and we are able to advise in this respect.

The validity of a Will can be challenged for the following reasons:

1. It was not properly executed – the law has strict requirements for the execution of Wills and, if these requirements have not been followed, a Will may be invalid.
2. The Will is a forgery or a fraud – sometimes Wills are forged and this can be proved using expert evidence. Commonly, a fraud might take the form of a person lying to the deceased to convince them to exclude someone from their Will.
3. The deceased did not have mental capacity at the time the Will was made – this is a complex area but, broadly, the deceased needs to have been able to understand what they were doing, what was in their estate and the various claims they should consider.
4. The deceased did not know and approve of the Will’s contents – a person needs to know what is in their Will when they sign it and, if they did not, their Will might be invalid.
5. The Will was the result of undue influence by another person. For example, if a relative or friend puts pressure on someone to change their Will, this can invalidate it in certain cases.

The first step to challenging a Will is to enter a caveat, which prevents a grant of probate or administration from issuing. It is then, ultimately up to the court to decide whether the Will is valid or not based on the available evidence.

Yes. A claim can be brought to revoke a grant of probate or administration on the basis that the Will is invalid.

Yes. A claim can be brought to revoke a grant of probate or administration on the basis that the Will is invalid.

The validity of a Will can be challenged for the following reasons:

1. It was not properly executed – the law has strict requirements for the execution of Wills and, if these requirements have not been followed, a Will may be invalid.
2. The Will is a forgery or a fraud – sometimes Wills are forged and this can be proved using expert evidence. Commonly, a fraud might take the form of a person lying to the deceased to convince them to exclude someone from their Will.
3. The deceased did not have mental capacity at the time the Will was made – this is a complex area but, broadly, the deceased needs to have been able to understand what they were doing, what was in their estate and the various claims they should consider.
4. The deceased did not know and approve of the Will’s contents – a person needs to know what is in their Will when they sign it and, if they did not, their Will might be invalid.
5. The Will was the result of undue influence by another person. For example, if a relative or friend puts pressure on someone to change their Will, this can invalidate it in certain cases.

The first step to challenging a Will is to enter a caveat, which prevents a grant of probate or administration from issuing. It is then, ultimately up to the court to decide whether the Will is valid or not based on the available evidence.

The validity of a Will can be challenged for the following reasons:

1. It was not properly executed – the law has strict requirements for the execution of Wills and, if these requirements have not been followed, a Will may be invalid.
2. The Will is a forgery or a fraud – sometimes Wills are forged and this can be proved using expert evidence. Commonly, a fraud might take the form of a person lying to the deceased to convince them to exclude someone from their Will.
3. The deceased did not have mental capacity at the time the Will was made – this is a complex area but, broadly, the deceased needs to have been able to understand what they were doing, what was in their estate and the various claims they should consider.
4. The deceased did not know and approve of the Will’s contents – a person needs to know what is in their Will when they sign it and, if they did not, their Will might be invalid.
5. The Will was the result of undue influence by another person. For example, if a relative or friend puts pressure on someone to change their Will, this can invalidate it in certain cases.

The first step to challenging a Will is to enter a caveat, which prevents a grant of probate or administration from issuing. It is then, ultimately up to the court to decide whether the Will is valid or not based on the available evidence.

The success of a challenge to the Will depends on the evidence available. In our experience, the majority of claims are settled before trial and settlement depends on the strength of each party’s evidence and the approach taken by each side. We can help you gather evidence and advise you on the strength of a claim to challenge the validity of a Will.

Costs depend on how far a claim progresses. If a claim settles at an early stage, the costs are generally limited however, if a claim progresses to a trial, costs can be significant. Our aim is to provide cost-effective advice throughout the entire process. Many disputes are suitable for alternative dispute resolution, which can include negotiation and mediation, which, if successful, typically save costs compared to litigation.

Who ultimately pays the costs must either be agreed or decided by the court. As with most litigation, the general rule is that the successful party recovers their costs from the unsuccessful party so, if a challenge to a Will succeeds, claimants can usually expect to recover their costs either from the estate or from those who opposed the claim. On the other hand, if a challenge to a Will is unsuccessful, you might be ordered to pay the other party’s costs. There are multiple considerations when determining costs liability and we provide advice on these at every stage of a dispute.

Caveats can be entered by visiting the government’s website page on stopping a probate application. It costs £3 to enter a caveat.