Contested will solicitors in Leicester

Disputes about inheritance fall into three broad types, and the type affects the deadlines, the evidence and the likely cost.

Challenging whether the will is valid

A will can be challenged on grounds such as:

• Lack of capacity: the person didn’t understand what they were doing when they made the will.
• Want of knowledge and approval: they didn’t know and approve its contents, for example if someone else prepared it.
• Undue influence: they were coerced. This is hard to prove.
• Invalid execution: it wasn’t signed and witnessed properly.
• Forgery or fraud.

If a will is invalid, an earlier will, or the intestacy rules, apply instead.

Claiming reasonable financial provision

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can ask the court for provision from an estate even if the will is valid. They include a spouse or civil partner, a former spouse who hasn’t remarried, a cohabitant of at least two years, children (including adult children), and anyone who was being maintained by the person who died. The court looks at needs, resources, the size of the estate and the relationship. The time limit is generally six months from the grant, which is short.

Disputes with executors

Beneficiaries sometimes fall out with executors over delay, lack of information, how assets are valued or sold, or executors benefiting themselves. Remedies range from asking for accounts to applying to the court to remove an executor.

How these cases usually resolve

Most inheritance disputes settle, often at mediation. Early steps usually include getting the will file from the solicitor who prepared it, medical records where capacity is in doubt, and evidence from witnesses. Because relationships are often already strained and legal costs can erode the estate, getting advice early about the strength of the claim and the costs risk is sensible.

Common questions