Contesting a Will

Can you contest a will? Here’s where to start

If you believe a loved one’s will does not reflect their true wishes, or you have been left without reasonable provision, you may be able to contest it. Not every question about a will means there’s a dispute: if you simply want help understanding what a will says, our wider probate team can explain it. If you think something is wrong, that’s a litigation matter, and our contentious probate cases are led by Makayla Phillips, a dedicated litigator at F Barnes Solicitors, working alongside our wider probate team across Romford and Essex.

Call now on 01708 745183 to discuss your options with a qualified solicitor, free of charge and with no obligation.

In short:

• You can challenge a will’s validity (on grounds like lack of capacity, undue influence, or fraud) or accept the will is valid but claim you have not been reasonably provided for
• Strict time limits apply to most claims, so early advice matters
• If you simply want a will explained, that’s different from contesting it – F Barnes Solicitors handles both in-house, so you’re pointed to the right team from the start

Contesting a will vs an Inheritance Act claim

Contentious probate is the umbrella term for any dispute connected to an estate. It covers two distinct types of claim, and it matters which one applies to you.

Challenging a will’s validity means arguing the will itself should not stand, usually because of lack of testamentary capacity, undue influence, fraud, or a failure to sign and witness it correctly. If successful, the will is set aside.

An Inheritance Act claim accepts the will (or intestacy) is valid, but argues it fails to provide reasonable financial provision for you. These are two different legal routes, and identifying the right one early avoids wasted time and cost.

What happens when you contest a will

Who can contest a will or make an inheritance act claim

Beneficiaries, family members, executors, and administrators involved in a dispute over a will or an estate, whether you’re bringing a claim or defending one.

Time limits for contesting a will

A strict six-month time limit applies to Inheritance Act claims from the date probate is granted, and delay can weaken a validity challenge. The sooner you get advice, the more options you have.

How contesting a will works

We start by identifying whether you have grounds under common law (challenging validity) or under the Inheritance Act 1975 (a provision claim), and whether the case is genuinely winnable before recommending you proceed. Where a will was professionally drafted, the solicitor is required to keep a full attendance note recording how they tested for mental capacity and checked for coercion at the time it was signed; we can request this directly, known as a Larke v Nugus letter, and explain what it shows. We take a common sense, both-sides approach: sometimes litigation is the right course, but a well-handled negotiation or mediation often resolves matters faster and more cost-effectively, and we’ll always recommend whichever gives you the best realistic outcome. Our litigation team has direct experience across each of the claim types on this page.

How long contesting a will takes

The timeframe depends on the complexity of the estate, the parties’ willingness to negotiate and whether court proceedings are required. As a general guide:

• Initial advice: usually within 1–7 business days after receiving the relevant documents.
• Negotiated settlement: within 3–6 months, although complex disputes may take longer.
• Contested court proceedings: generally 12–24 months or more.

Cost of contesting a will

F Barnes Solicitors does not currently offer legal aid or no win, no fee arrangements for contested probate work, so cases need to be funded privately from the outset. We’ll agree costs with you clearly before any paid work begins. An initial call carries no cost or commitment, so you can find out where you stand first.

What happens when a will is contested

A negotiated settlement, a court-approved outcome, or confirmation that pursuing a claim isn’t the right course, so you can move forward either way. Contested probate often overlaps with inheritance tax and wider estate matters, and we factor this in alongside resolving the dispute itself.

Why work with F Barnes Solicitors on a contested will

Over 70 years serving local families

Helping local families in Romford, Gidea Park, Collier Row and across Essex for over 70 years.

Personal, caring advice – not a call centre

You’ll deal with real people throughout, with in-person meetings available and preferred across Essex, including Epping, Chigwell, Ilford, Stratford, and Havering.

A litigation team working alongside probate specialists

Our wider probate team, including Sangeet Tatem, a STEP-qualified practitioner, handles day-to-day wills and probate work and can identify a dispute early, referring it straight into our litigation team without you needing to involve a different firm. STEP-level training is central to correctly identifying which grounds apply to a case.

Specialist expertise across every type of contested probate claim

Our litigation team has direct experience handling every type of claim covered on this page, from validity challenges to executor disputes.

A practical, case-by-case approach

Every case is assessed on its own facts and evidence, and we’ll give you a straightforward view on whether litigation, negotiation or mediation is more likely to get the right outcome, not a one-size answer based on the type of claim.

Transparent fees

Fixed fee options wherever possible, and costs always agreed with you clearly before any paid work begins.

Lexcel accredited

Recognised for our legal practice management and client care standards.

Speak to a qualified solicitor

This is a conversation about your options, not a fixed quote. Call now on 01708 745183 to discuss your situation, free of charge and with no obligation.