Before you start Contesting a Will, it is a good idea to first understand what this entails...

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.

Challenging Lifetime Gifts
Challenging Lifetime Gifts
The Team at Tollers can assist you if you believe undue influence was used in regard to lifetime gifts …
Challenging Lifetime Gifts
Claims Based On A Promise
Claims Based On A Promise
There are two types of promise – promises in relation to land and promises generally…
Claims Based On A Promise
Cost Of Contesting A Will
Cost Of Contesting A Will
The costs of Contesting a Will are dependent on a number of factors…
Cost Of Contesting A Will
Disputing A Will
Disputing A Will
There are limited grounds upon which a Will can be set aside…
Disputing A Will
Financial Abuse
Financial Abuse
Financial abuse is illegal and unauthorised and can take many forms…
Financial Abuse
How To Contest A Will
How To Contest A Will
Before considering whether to make a claim or challenge a Will it is important to understand what is involved…
How To Contest A Will
How To Stop Probate
How To Stop Probate
How to prevent a Grant of Probate being issued where there are real concerns as to the validity of the Deceased’s Will…
How To Stop Probate
Inheritance Act Claims
Inheritance Act Claims
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to bring a claim for maintenance against the Deceased’s Estate…
Inheritance Act Claims
Problem Trustees and Executors
Problem Trustees and Executors
There are numerous circumstances in which the personal representative may cause loss to the Estate...
Problem Trustees and Executors
Problems With Wills
Problems With Wills
Occasionally errors occur where a Will does not reflect the wishes of the person who made it…
Problems With Wills
Rules Of Intestacy
Rules Of Intestacy
If you die without making a Will you are classed as dying intestate…
Rules Of Intestacy
ToLATA Claim
ToLATA Claim
Courts have certain powers under The Trusts of Land and Appointment of Trustees Acct 1996 (ToLATA) to resolve disputes regarding ownership of property or land…
ToLATA Claim
Undue Influence
Undue Influence
In order to prove Undue influence, evidence is required to show that a person has used their position to take advantage of another…
Undue Influence
Will Mediation
Will Mediation
This is a process by which parties can resolve disputes by agreement without the time, stress and cost of a fully contested Court hearing…
Will Mediation
Contesting a Will FAQs
Contesting a Will FAQs
Do you have a question? Find out the answers to the most commonly asked questions here…
Contesting a Will FAQs
Find out more about Contesting A Will

Contesting A Will

Before you start Contesting 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. You can find out more about How to contest a Will here.

Funding for Contesting 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. More information on funding for contesting a Will can be found here.

ACTAPS Approved Member

The head of Tollers Contest A Will Team is Tom Kings. Tom 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 15 years 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.

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.

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.

Talk To Tollers

We have will contest law solicitors in Kempston, Stevenage, Corby, Milton Keynes, Oakham and Northampton, and are leaders in experience and knowledge. 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 have offices across the midlands in Northampton, Milton Keynes, Kettering, Corby, Stevenage, Kempston, Oakham and Uppingham.

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!

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Our Contesting A Will Experts

Kerry Green
Kerry Green
Paralegal
Kerry joined Tollers in April 2023 as a Paralegal working in the Corby Contentious Trust and Probate Department.
Tiffany Benson
Tiffany Benson
Partner
Tiffany is a Partner and Head of Contentious Trusts and Probate at the Firm...
Kerry Green
Kerry Green
Paralegal
Tiffany Benson
Tiffany Benson
Partner
Meet the Full Contesting A Will Team

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