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Contesting A Will Solicitors
Contesting A Will Solicitors

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Contesting A Will Help & Advice

Call us now on 0333 414 9191
or Click Here to contact us.

Call our Specialists FREE on 0333 414 9191
or Click Here to contact us.

Contesting a Will

Our team are recognised as specialists in the niche legal area of contesting a Will.

The head of the department Tom Kings has spent the last ten years specialising in Will disputes (contesting a Will) and Inheritance Act claims.  Tom is supported by Associate Solicitor Tiffany Wiggett.

The team are members of the Association of Contentious Trust and Probate Specialists (ACTAPS) meaning they are officially recognised as specialists in this niche area of law, a rarity in the region. 

Funding to Contest a Will

Tollers offer a range of funding options for contesting a Will. Consideration can be given to funding by way of a ‘No Win No Fee’ agreement, with each matter to be decided on a case by case basis dependent upon the merits of the claim.

We have offices across the midlands in Northampton, Milton Keynes, Kettering, Corby, Stevenage, Kempston, Oakham and Uppingham.


How To Contest A WillPlease contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

Call our Specialists FREE on 0333 414 9191
or Click Here to contact us.

What You Need to Know

Before you ask yourself, ‘Can I Contest a Will?’ it is a good idea to first understand what this entails, what it means for you and how a contentious probate lawyer at Tollers can help you through what can be a difficult process.

The death of a family member can be stressful enough, but if you are in the difficult position where you feel you need to contest a Will, it can seem extremely daunting to face this complex and sensitive issue by yourself. However, you do not have to confront this alone. At Tollers, we have many years of experience and are experts in dealing with this niche area of law.

In England and Wales, Testators are meant to have complete testamentary freedom to leave their property, money and assets to whoever they choose, provided the Will is a valid one. Contesting a Will occurs where a person seeks to bring a formal challenge against the validity of a Will, relying upon one, or a number of specific grounds. Commonly, Will challenges are brought on the grounds that the testator did not possess the required testamentary capacity to make a Will, or the Will was not correctly executed.


How To Contest A WillPlease contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

Call our Specialists FREE on 0333 414 9191
or Click Here to contact us.

Determine If You Have Legal Standing to Contest a Will

Not everyone can contest a Will. In order to have legal standing to bring a claim, you need to consider whether you are the beneficiary of a greater share under the deceased’s directly previous Will (if there is one).

Where there is no previous Will, you will have to be a beneficiary under the laws of intestacy. Lawyers at Tollers will assist you in evaluating the merits of your case and also if you have the requisite legal standing to contest the Will.

Rules of Intestacy

The rules of intestacy states that a strict order should be followed as to who should benefit from the estate of a deceased person where there is no Will. This order is as follows:

  • Spouse or civil partner
  • Children (or their remoter issue, i.e. grandchildren/great grandchildren)
  • Parents
  • Brothers and sisters (or half siblings)
  • Grandparents
  • Uncles and aunts. A cousin can inherit instead if the uncle or aunt who would have inherited died before the intestate person.
  • Half-uncles and half-aunts. A half-cousin can inherit instead if the half-uncle or half-aunt who would have inherited died before the intestate person.
  • The Crown.

The Legal Grounds to Contest a Will?

To dispute a Will, you will need to prove that you have necessary evidence to support one of the grounds to do so, which are as follows:-

  • The Will is suspected to have been forged
  • The Deceased lacked testamentary capacity
  • The Will has not been correctly executed
  • The Deceased is believed not to have known or approved the Will contents
  • The Deceased was subject to undue influence

For more information on the grounds for contesting a will click here:

Contesting Probate

How To Contest A WillIf you or someone else, is concerned that any of the above grounds for contesting a Will may apply, in relation to a loved one’s Will, contact Tollers contesting a Will team for advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

Call our Specialists FREE on 0333 414 9191
or Click Here to contact us.

When Should I Bring a Claim?

Timing is often a critical factor when there is a dispute that arises following someone’s death, depending upon the nature of the claim. For example, any claim made under the Inheritance (Provision for Family & Dependants) Act 1975 will have to be made within six months of the date of grant of probate. Similarly, urgent action might sometimes be necessary to preserve the estate while the claim is under consideration. 

As a general guideline, you ought to keep in mind the following time limits:

  • A claim to challenge the validity of a Will must be brought within 12 years of the date of the deceased’s death (where there is a Will), or within 12 years of the date of the Grant of Letters of Administration (where there is no Will).
  • For cases involving fraud, there are no set time limits in which to make a claim.

Experienced probate lawyers from Tollers have all the expertise to decide which deadlines are crucial and what steps need to be taken to protect your interests in the claim.

How long does it take to Contest a Will?

It is very difficult to provide a specific time frame, although it is often a simpler process if the estate has not been administered and distributed. The length of time a case may run for depends on the specifics of the case. However, by working closely with each of our clients, we tailor our approach to guide you through your claim in the most efficient way.


How To Contest A WillPlease contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

Call our Specialists FREE on 0333 414 9191
or Click Here to contact us.

Will Disputes

If a family member has not made a Will, their net assets (known as their estate) are divided in accordance with the intestacy rules.  Even if a family member has made a Will, it can be contested by those left behind.  Seeking early legal advice can be beneficial, both in terms of saving costs and anxiety for those parties involved and helping to ease family tensions and avoid unnecessary arguments.

Help with disputing a will

Court hearings are the final step in any action and are a last resort when disputing a Will. Tollers solicitors are experienced in all types of alternative dispute resolution which can be far more cost effective and productive for all parties. Tom Kings is particularly highly experienced in mediation.  Click on any of the below links to find out more about the requirements to dispute a Will.

Problems during the administration of the estate

Problems that can occur during the administration of an estate include: 

  • Problems over the construction of a Will
  • Problems with or between personal representatives
  • Actions to remove personal representatives
  • Defending claims upon the estate
  • Requiring personal representatives to account for their actions during the administration of an estate

Claims regarding the estate - Inheritance Act Claims

If there are claims regarding an estate we can advise.

Inheritance Act Claims:

  • We act on behalf of the beneficiaries defending claims by individuals entitled under the Inheritance Act to pursue actions
  • We pursue claims on behalf of spouses, partners, children and dependents who wish to contest a Will

Tollers’ specialist dispute resolution service recognises the increasing litigious nature of claims surrounding Wills and trusts brought about by the changing family structure and the increasing size and value of estates.

We can advise if you are experiencing a dispute over a Will.  We can bring or defend claims as to the validity of a Will on the grounds of improper execution, mental capacity, want of knowledge and approval, undue influence and fraud. Our offices are across the Midlands in Northampton, Milton Keynes, Stevenage, Kempston, Corby and Kettering.

Other areas Tollers are specialists in 

Tollers contentious probate team specialises in associated areas including:

  • Actions by and against trustees
  • Challenging lifetime gifts by reason of undue influence
  • Care home charges by the local authority
  • Issues regarding the proper use of Lasting Power of Attorneys, Enduring Power of Attorneys and Deputyships


How To Contest A WillPlease contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

Call our Specialists FREE on 0333 414 9191
or Click Here to contact us.

The Initial Steps to Contest a Will

To successfully contest a Will can be a complex and demanding task in terms of time and money. It is therefore highly recommended that effective legal advice should be taken from Tollers from the very start. Initiating a claim to contest a Will without little or no legal knowledge of the procedures to be followed, can prove to be very expensive and time consuming.

Despite having potential financial benefits to the successful parties, contesting a Will can take a toll emotionally on everyone concerned, as it may involve disputes with other family members, friends and beneficiaries over the estate and property of the Deceased.

Thus, seeking legal advice and explaining your situation to your solicitor is of utmost importance. This will establish how strong your claim is and to what extent it can be pursued. Tollers will provide you with specialist contentious probate solicitors to guide you through the whole process of contesting a Will.

How Do I Contest a Will?

Initially a reasonable amount of investigation will have to be undertaken to establish the merits of the case and the strengths and weaknesses of the various parties.

Your lawyer from Tollers will be able to help you to gather all the information and evidence you need for the case to move forwards.

Where possible ADR, or Alternative Dispute Resolution, will be considered as an alternative means of resolving the dispute. This could for example involve a formal mediation.

Caveat

If you believe you may have grounds to contest a Will, but need time to research your position and gather evidence, you can apply to the Probate Registry to register a “Caveat”. A Caveat puts a temporary stop on the probate process, by preventing a Grant of Probate from being issued to the executor of the Estate (this is assuming the Estate is large enough to need a Grant of Probate in the first place).

A caveat should only be entered where there are real concerns as to the validity of a Will. The caveat will remain in place for 6 months and can be renewed for a further 6 months, in the month before its expiry.


How To Contest A WillPlease contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

Call our Specialists FREE on 0333 414 9191
or Click Here to contact us.

The Inheritance Act (Provision for Family and Dependants) 1975

If you have been eliminated out of a Will altogether, or the provision made for you under the Will or intestacy is inadequate to meet your financial needs, you may fall within the class of persons who may qualify to bring a challenge under the Inheritance Act.

The Inheritance Act allows certain people to bring a claim where inadequate financial provision has been made for them (whether or not for their maintenance). People falling under one of the following categories may be eligible to make a claim:

  • The wife, husband or civil partner of the recently deceased person.
  • The ex-wife, husband or civil partner of the deceased person who are yet to remarry or form another civil relationship.
  • Those cohabiting i.e. someone who lived with the now deceased person for a minimum period of two years immediately before their death.
  • A child of the recently deceased person.
  • A person who was treated as a child of the recently deceased person.
  • Someone who was being financially supported by the recently deceased person.

To bring a claim under the Inheritance Act, it is important for the claimant to prove that they have not been adequately provided for and that therefore the provision made (or lack thereof) is unreasonable. There is also a strict time limit to bring such a claim. A claim must be issued at Court within six months from the date of the grant of probate. Outside of this time, the Courts permission will be needed to bring such a claim.


How To Contest A WillPlease contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

Call our Specialists FREE on 0333 414 9191
or Click Here to contact us.

Recognised Specialists - Contentious Trust and Probate Specialists (ACTAPS)

The idea of The Association of Contentious Trust and Probate Specialists is to promote the enhancement of the specific skills specialisation and expertise in this area, by the provision of education and training and, where possible, to enable representations to be made to the appropriate governmental and judicial bodies in relation to contentious trust and probate issues.

ACTAPS Approved Members of Toller’s Staff:

Tom Kings qualified as a solicitor in the mid-1980s; he is a former member of the Northamptonshire Law Society Council and former Chair of the Contentious subcommittee. For the last decade he has specialised in Trust and Probate claims having completed the ACTAPS course. He has worked on a wide variety of disputed Estate and Inheritance Act claims and has presented numerous seminars on the subject of challenging or contesting a Will.

Tom works as the Head of an experienced team who are able to offer a range of different advice when a client decides to contest a Will.

Tiffany Wiggett qualified at Tollers in 2010 and is currently an Associate Solicitor in the contesting a Will team.

Tiffany specialises in contesting Wills and the financial abuse of the elderly and vulnerable.

In October 2015 Toller’s were proud to announce that Tiffany became a fully-fledged member of The Association of Contentious Trust and Probate Specialists. Tiffany advises upon all manner of disputes that arise after someone passes away and these include:

•             Challenges to Wills,

•             Inheritance Act Claims,

•             Proprietary Estoppel Claims

•             Executor/Beneficiary Disputes

•             Challenges to Lifetime Gifts

•             Construction/Rectification of a Will

•             Professional Negligence

•             Financial Abuse of the Elderly/Vulnerable


How To Contest A WillPlease contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

Call our Specialists FREE on 0333 414 9191
or Click Here to contact us.

Talk to Tollers

With Tollers, you can be assured of expert advice with every step while contesting a Will. Our knowledge and experience we have gathered as Contentious Probate Solicitors gives us an edge in the field of law.

We will help you through what is a legally complex area. We act regularly for Executors, Trustees, Beneficiaries and other disappointed family members in a variety of contested Will cases. Talk to Tollers today!

We have offices all across the midlands in Northampton, Milton Keynes, Kettering, Corby, Stevenage, Kempston, Oakham and Uppingham.

Testimonials

"From my first meeting with your associate Ms Tiffany Wiggett, I was treated with sensitivity at a difficult time. All questions were answered promptly and full explanations given when needed. I had total confidence in Ms Wiggett and can never thank her enough for everything she did".

C.Lavery

"I was very impressed with the first class service I received from your company, from the initial contact to the subsequent closure of my file.

The solicitor handling my case was understanding and sympathetic of my situation and was expedient with the processing of the correspondence. Tiffany was professional and very approachable at all times"

Mr Terrence Vincent Ryan

"I received very sound advice as to the likely outcome of the case. I was kept informed on progress in a professional manner and impressed with the quality of letters to the other side."

Mr R Green

"I found Tollers to do an outstanding job. They advised me clearly on matters that I did not understand and were very supportive. Thank you to Tiffany Wiggett for all her help and support in this matter".

M. Byfield.

"I did not know what to do about contesting my late step-father's Will, so I contacted Tollers and Tiffany Wiggett returned my request for advice and my mind was put at rest. She explained in English what to do and did it. I would recommend her highly."

Mr. Featherstone

"From the first point of contact to the last, was done with the utmost of care. Tiffany was excellent and I cannot thank her enough. I would recommend Tollers to anyone."

Mrs Fulcher

"From the offset of our claim, we found Tiffany Wiggett of Tollers Solicitors, very professional, efficient & helpful. At all stages of our claim we were always kept informed of the progress".

Mr Saunders

"Tollers conducted this probate matter in a thoroughly professional manner and I was kept updated in a very timely manner as the case progressed. I found both Mr Tom Kings and Miss Tiffany Wiggett who handled the case, to be extremely approachable and nothing was too much trouble. I always felt very comfortable with the advice which Tiffany gave and she inspired confidence every step of the way. The matter progressed to a mediation hearing and Tiffany obtained a Barrister who worked with Tiffany on the case and a satisfactory result was obtained. My case was far from straightforward and throughout the advice given was accurate and led to the case being finalised in a shorter period of time than I initially thought. I would now have no hesitation in recommending Tollers and in particular Tiffany Wiggett to deal with any probate dispute you may have. Thank you Tiffany it was great knowing you".

B Preston

"I was delighted that Tollers offered to take this case, which I had begun to think was a closed door. The service I received was always courteous, prompt and lucid. My decision to settle was ultimately based on time constraints and the very uncertain nature of outcome had I decided to proceed further. I am happy with the manner in which the case was handled and certainly would conclude that raising this dispute was worth the considerable time and trouble it took to assemble all of the necessary testimonials".

Anya Glinski

"Tiffany Wiggett, the young lady I spoke to on the phone regarding my Inheritance Act enquiry was very kind and understanding. She made me feel at ease and was very helpful".

Mrs. Jones

"I have to say that the speed and the professional advice obtained through Tollers has been held in the highest regard. It was very comforting to be helped by Tiffany Wiggett professionally. Tollers Solicitors have acted so well, I am sure this would be of future interest to new clients requiring a solicitor's immediate help on a matter".

B.A.R Huddersfield in W. Yorkshire

"I found the advice I was given was very helpful and precise. The solicitor I spoke to was very friendly and I felt comfortable while listening to the advice I was given. I recommend them highly".

S. Hopkins

"My business with Tollers was of a very minor nature and yet I found them to very quick and efficient. All of the work was conducted via email and I was always confident that though I lived in Canada, Tollers was working for my best interest in the UK. My particular contact solicitor was Tiffany Wiggett, who was most helpful in gathering the information I required and bundling it into an informative and easy to read letters.Thank You".

Mr. P Brett

"The service and advice I received from your company was second to none.   It was clear and supportive, and very helpful.   If it had not been for your timely advice, I would not have known how to proceed with the my inheritance dispute".

Susan B of Wakefield

Call our Contesting a Will HELPLINE  0333 414 9191 for FREE initial advice, we are happy to discuss ‘No Win No Fee’ funding for your case.


How To Contest A WillPlease contact us for completely free advice on 0333 414 9191 or email yourdispute@tollers.co.uk.

What Our Clients Are Saying...

  • We would like to say a very big thank you for all of your advice on our matter, you have been very helpful throughout our contact with you and your staff have also been excellent.

    Mrs and Mrs E
  • I wish to thank you for your assistance in getting my case resolved without having to go to Court. Not only did this negate the need for further legal cost, but it gave me peace of mind much earlier than expected. May I express my gratitude and thanks for your expertise and professionalism.

     

    Mrs Samuel
  • "I commend Mr Kings for his succinct method of expression both in verbal and written transfer of information. He is proficient in identifying the salient points of the matter at hand, is prompt in performance and his fee's are fair".

    Mr James Robert Dixon
  • "Our Solicitor Tiffany Wiggett did a great job in firstly being successful in our case. The service she provided was great and she kept us updated at each stage of our claim. Overall we were very satisfied with the service we received".

    Sarah Toney
  • 'Tiffany Wiggett provided a First Class service. The whole process made a difficult situation easier to deal with. Transparent from start to finish for fees, guidance and support. Not once did I feel any part of the process was unnecessary and due to Tiffany's expertise my inheritance was finally paid to me after 6 years. Outstanding!'

    Sarah Gibson
  • "From my first meeting with your associate, Ms Tiffany Wiggett, I was treated with sensitivity at a difficult time. All questions were answered promptly and full explanations given when needed.

    I had total confidence in Ms Wiggett and can never thank her enough for everything she did."

    C. Lavery
  • "I was very impressed with the first class service I received from your company, from the initial contact to the subsequent closure of my file.

    The solicitor handling my case was understanding and sympathetic of my situation and was expedient with the processing of the correspondence. She was professional and very approachable at all times"

    Mr Terrence Vincent Ryan
  • "Tollers was recommended to me when my father passed away and left the property I lived in as a legacy to a charity. With the fear of being made homeless and my personal situation not allowing me to rent or purchase a property of my own, I was put in contact with Mr Tom Kings of Tollers. Mr Kings was very helpful and understanding at every step along the way. He kept us fully informed at every opportunity and was always available should we need him. During the four years the case was on going for, Mr Kings remained fully focused and kept us hopeful and optimistic for the future. Along the way Mr Kings worked alongside a barrister who was also exceptionally clued into the case. We cannot thank Mr Kings and Tollers enough".

    Mr V Mark
  • "I found Tollers to do an outstanding job of my professional negligence claim. They advised me clearly on matters that I did not understand and were very supportive. Thank you to Tiffany Wiggett for all her help and support in this matter".

    M. Byfield.
  • "Tollers conducted this probate matter in a thoroughly professional manner and I was kept updated in a very timely manner as the case progressed. I found both Mr Tom Kings and Miss Tiffany Wiggett who handled the case, to be extremely approachable and nothing was too much trouble. I always felt very comfortable with the advice which Tiffany gave and she inspired confidence every step of the way. The matter progressed to a mediation hearing and Tiffany obtained a Barrister who worked with Tiffany on the case and a satisfactory result was obtained. My case was far from straightforward and throughout the advice given was accurate and led to the case being finalised in a shorter period of time than I initially thought. I would now have no hesitation in recommending Tollers and in particular Tiffany Wiggett to deal with any probate dispute you may have. Thank you Tiffany it was great knowing you".

    B Preston
  • "I was uncertain about the referral as I did not know anything about the legal firm. Very quickly I realised this was a quality referral. Tollers are a firm that can compete with any other and have a wealth of experience dealing with contentious probate. Most impressed by their professional approach and thanks to this I leave this experience with integrity and self respect about my motives. Highly recommend."

    Mrs Shaw
  • "I did not know what to do about contesting my late step-father's Will, so I contacted Tollers and Tiffany Wiggett returned my request for advice and my mind was put at rest. She explained in English what to do and did it. I would recommend her highly."

    Mr. Featherstone
  • Solicitors are people we think we can trust to get it right every time but there are occasions when they get it badly wrong. In my particular case I found it useful to talk about it with another unconnected professional who was able to reassure me that the service I received was not adequate together with advice about the most effective way to carry the case forward. I felt I had a strong case before I sought professional advice but after the call I feel better able to stand my corner and take the case as far as necessary. Thank you for your help

    Mr Preston
  • "From the first point of contact to the last, was done with the utmost of care. Tiffany was excellent and I cannot thank her enough. I would recommend Tollers to anyone."

    Mrs Fulcher
  • "Outstanding and very friendly and supportive".

    Mr Baldwin
  • "Straight forward, prompt, professional advice given with up front costs. Would have no hesitation in recommending your services".

    A. Rowlands
  • "From the offset of our claim, we found Tiffany Wiggett of Tollers Solicitors, very professional, efficient & helpful. At all stages of our claim we were always kept informed of the progress".

    Mr Saunders
  • Miss Wiggett is an extremely able and competent solicitor with an ability to listen to her clients. In short, a nice person as well!

    Client
  • "I was delighted that Tollers offered to take this case, which I had begun to think was a closed door. The service I received was always courteous, prompt and lucid. My decision to settle was ultimately based on time constraints and the very uncertain nature of outcome had I decided to proceed further. I am happy with the manner in which the case was handled and certainly would conclude that raising this dispute was worth the considerable time and trouble it took to assemble all of the necessary testimonials".

    Anya Glinski
  • Tiffany, thank you so much for all your hard work. Without you and Tom, I would never have sold my father's house.

    Client
  • "Tiffany Wiggett, the young lady I spoke to on the phone regarding my Inheritance Act enquiry was very kind and understanding. She made me feel at ease and was very helpful".

    Mrs. Jones, North Wales
  • "I have to say that the speed and the professional advice obtained through Tollers has been held in the highest regard. It was very comforting to be helped by Tiffany Wiggett professionally. Tollers Solicitors have acted so well, I am sure this would be of future interest to new clients requiring a solicitor's immediate help on a matter".

    B.A.R Huddersfield in W. Yorkshire
  • "I found the advice I was given was very helpful and precise. The solicitor I spoke to was very friendly and I felt comfortable while listening to the advice I was given. I recommend them highly".

    S. Hopkins
  • "My business with Tollers was of a very minor nature and yet I found them to very quick and efficient. All of the work was conducted via email and I was always confident that though I lived in Canada, Tollers was working for my best interest in the UK. My particular contact solicitor was Tiffany Wiggett, who was most helpful in gathering the information I required and bundling it into an informative and easy to read letters.Thank You".

    Mr. P Brett
  • "The service we received was timely, efficient and very friendly. The advice we received was also incredibly honest. Tollers are not just a company who have an interest in being paid. Many thanks".

    A Jones
  • "The service and advice I received from your company was second to none.   It was clear and supportive, and very helpful.   If it had not been for your timely advice, I would not have known how to proceed with the my inheritance dispute".

    Susan B of Wakefield

Our experts in Contesting a Will

Related Service Area: Dispute ResolutionAreas of Specialism: Contentious Probate – challenging Wills, inheritance claims and claims by and upon an Estate.Office based at: CorbyTom qualified with Tollers in 1984 and joined the partnership in 1987.  He is a Senior Partner and Head of Dispute... Read More

Tom Kings / Senior Partner and head of dispute resolution
t   01604 258127
m   07785 542593

Tiffany qualified at Tollers in September 2010 and is currently an Associate Solicitor in the contesting a Will team. Tiffany specialises in contesting a Will and financial abuse of the elderly/vulnerable. As of October 2015 Tiffany became a Full Member of The Association of Contentious Trust and Probate... Read More

Tiffany Wiggett / Associate Solicitor - Contesting a Will
t   01604 258577

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