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If you wish to challenge a Will, the first step is to obtain a copy of it. This can be obtained on-line for a fee if a Grant of Probate has been obtained. The next step is to find out as much as possible about the circumstances surrounding the Will signing itself and the advice that the Testator, the person who made the Will, received at the time. It can be difficult to obtain this information in relation to homemade will although not impossible to secure circumstantial information to assist.

In order to assist you, we will secure information on your behalf and advise you upon whether there is a basis upon which to challenge the will; this might include:-

  • Was it signed or executed correctly?
  • Did the person making the Will understand what they were doing
  • Did the Will accurately reflect the deceased’s wishes?
  • Did the Testator understand the extent of their property which was being disposed of?
  • Had the Testator the capacity to comprehend the impact of their actions?
  • Was the deceased unduly influenced by someone else? Were they persuaded to write a Will making a gift when they didn’t really know what they were doing?

There are many questions to ask and it may lead to the Will being void and in which case a former will may become relevant and if there wasn’t a former Will, the estate may have to administered in accordance with the intestacy rules.

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Challenge a Probate?

Is the estate being administered properly? If you are a beneficiary under a Will, you may be wondering whether you are received all you are entitled to and if the estate is being administered fairly and properly.

Depending upon the type of beneficiary you are, you may or may not be entitled to a copy of the Estate Accounts. You can however obtain a copy of the Will from the Probate Registry for a small fee.

If the Executors are taking their time and acting slowly, it is possible to apply to the Court to substitute the Executor. An Executor has a legal duty and must show that they are acting in accordance with this duty.

We can help write a letter to the Executor to obtain the information required and also make an Application to the Court should the need arise.

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Inquire about your Inheritance?

Updating a Will is important particularly when family circumstances change or fail to take into account certain facts, such as co-habiting couples. Whilst the Court will seek to respect an individual’s right to leave their assets to whom they choose, it will also step in if there are grounds to do so and order inheritance be paid to someone who wasn’t originally due to receive it.

Under the Inheritance (Provision for Family and Dependants) Act 1975, the following are entitled to apply to the Court for a Will to be reviewed in circumstances in which they believe they have not been adequately provided:-

  • Spouse or Civil Partner;
  • Former Spouse or former Civil Partner
  • A child of the deceased
  • Any person who was treated as  a child of the deceased
  • Any person who was at the time of death or immediately before was maintained in some way by the deceased.

If you believe that you were entitled to be provided for under a Will and haven’t been, we can help find out whether you can make a claim despite the contents of the Will. If there was no Will and the intestacy rules does not provide for you also, we can also advise you in these circumstances.

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Frequently Asked Questions about Inheritance and Wills Disputes

What is an inheritance dispute or contentious probate?

An inheritance dispute or contentious probate claim arises when there is disagreement over the distribution of a deceased person’s estate. This can involve disputes over the validity of the will, interpretation of its terms, or claims for reasonable financial provision.

    How does Franklins Solicitors handle inheritance disputes and contentious probates?

    Our experienced team at Franklins Solicitors work with clients to understand their situation and aims for resolution through negotiation, mediation, or litigation if necessary. We provide support throughout the process, from an initial consultation to resolution.

      What are common types of inheritance disputes that Franklins Solicitors handles?

      Common types include disputes over the validity of a will, disagreements among beneficiaries, claims under the Inheritance (Provision for Family and Dependants) Act 1975, and disputes involving executors or trustees.

      What should I do if I'm involved in an inheritance dispute?

      It’s important to seek legal advice as soon as possible. Contact us at Franklins Solicitors to discuss your case. We can help you understand your rights, the legal process, and the options available to you.

        Can Franklins Solicitors help prevent future inheritance disputes?

        Yes. We can assist with drafting clear and comprehensive wills and trusts in our Wills and Probate department, which can help avoid misunderstandings and disputes in the future. Our Wills and Probate department also offer advice on estate planning and administration.

          How can I start using Franklins Solicitors' services for inheritance disputes and contentious probates?

          You can get started by contacting us via phone or email. We’ll arrange an initial consultation or a review of the documentation, discuss your case in detail, advise on the best course of action, and provide an estimate of costs.

          Contact the Franklins Inheritance and Wills Disputes team

          If you have any questions about inheritance and wills disputes, please don’t hesitate to contact our team of experts who are on hand and ready to help you.