FAQs

A will can be challenged where it may not be valid, for example because it wasn't properly signed or witnessed, because the person who made it lacked mental capacity at the time, or because they were unduly influenced or didn't know and approve its contents. Suspicious circumstances, such as a will made shortly before death that departs sharply from earlier wills, often prompt these challenges.

Possibly. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people, including spouses, civil partners, children and others who were financially dependent on the deceased, can ask the court for reasonable provision if a will or the intestacy rules don't provide adequately for them. Strict time limits apply, generally six months from the grant of probate, so take advice quickly.

If a will was negligently drafted by a solicitor or will writer and as a result fails to make the provision the deceased intended, the disappointed beneficiary may have a professional negligence claim against the drafter. We handle these claims and can advise on whether the drafting error gives rise to a remedy and what compensation might be recovered.

You can enter a caveat at the Probate Registry, which prevents a grant of probate being issued for six months and can be renewed. This buys time to investigate concerns about the will's validity before the estate is distributed. A caveat shouldn't be used in the wrong type of dispute though, such as a claim for provision under the 1975 Act, so it's worth taking advice before lodging one.

It depends on the type of claim. Claims for reasonable provision under the Inheritance Act must generally be brought within six months of the grant of probate. Validity challenges have no fixed statutory deadline, but acting before the estate is distributed is strongly advisable, as recovering assets afterwards is far harder. Whatever the dispute, the earlier you take advice the more options you'll have.