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Contesting A Will Solicitors
Contesting A Will Solicitors
Contesting A Will Solicitors

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Contesting A Will Help & Advice

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Call our Specialists FREE on 0333 414 9191
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Contesting Probate

Probate put simply is the court process by which a Will is proved valid or invalid.

If there is reason to believe that the contents of a loved ones Will is not valid for any of the following reasons:

  • The Will was not correctly executed
  • The deceased lacked capacity
  • The deceased lacked knowledge and approval
  • The deceased was unduly influenced
  • Fraud has taken place

Then there may be a case to contest the Will also known as contesting probate.

Contested Probate Solicitors

Tollers specialist Contentious Probate solicitors Tom Kings and Tiffany Wiggett are official members of the Association of Contentious Trust and Probate Specialists (ACTAPS) meaning they are officially recognised as specialists in the niche area of contesting probate, a rarity in the region.

Time Limits for Probate Lawyers

There is a time limit within which you can contest probate.

  • 1. Where the deceased died having made a Will, the time limit is 12 years from the date of death.
  • 2. Where the deceased has died without having made a Will, the time limit is 12 years from the date of the Grant of Letters of Administration.

Tollers specialist contesting probate lawyers will help you through what can be a legally complex area. We act regularly for Executors, Trustees, and disappointed family members in a variety of contested probate cases. Our office locations are Milton Keynes, Kettering, Corby, Stevenage, Kempston, Northampton, 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.

Contesting Probate

Probate put simply is the court process by which a Will is proved valid or invalid.

If there is reason to believe that the contents of a loved ones Will is not valid for any of the following reasons:

  • The Will was not correctly executed
  • The deceased lacked capacity
  • The deceased lacked knowledge and approval
  • The deceased was unduly influenced
  • Fraud has taken place

Then there may be a case to contest the Will also known as contesting probate.

Contested Probate Solicitors

Tollers specialist Contentious Probate solicitors Tom Kings and Tiffany Wiggett are official members of the Association of Contentious Trust and Probate Specialists (ACTAPS) meaning they are officially recognised as specialists in the niche area of contesting probate, a rarity in the region.

Time Limits for Probate Lawyers

There is a time limit within which you can contest probate.

  • 1. Where the deceased died having made a Will, the time limit is 12 years from the date of death.
  • 2. Where the deceased has died without having made a Will, the time limit is 12 years from the date of the Grant of Letters of Administration.

Tollers specialist contesting probate lawyers will help you through what can be a legally complex area. We act regularly for Executors, Trustees, and disappointed family members in a variety of contested probate cases. Our office locations are Milton Keynes, Kettering, Corby, Stevenage, Kempston, Northampton, 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.

Who Can Carry out Probate?

When a Will is drawn up, the deceased individual will often have specified who the designated executor or executors will be; the individuals specified are then responsible for “executing” or carrying out the wishes of the deceased.

If there is no named executor of a Will, or if a Will has not been drawn up, then someone must become the administrator of the estate – this will usually be a beneficiary of the Will, or in a case where a Will is not drawn up, a spouse or blood relative.

Who are Personal Representatives?

A personal representative is a term used to define an Executor of Administrator, who as above, is a person with the legal authority to stand in the shoes of the deceased person in order to conclude that person’s affairs and to supervise and manage the estate assets in accordance with their Will, or the laws of intestacy. Your probate lawyer at Tollers can help a personal representative to understand their exact role and the responsibilities they have over an estate.

Grant of Probate

The legal processes to be followed after a death will depend on the circumstances of the case. However, before any assets can be distributed and the estate administered, a grant of probate usually needs to be applied for.

If there is a named executor in a Will, it will be their responsibility to obtain a Grant of Probate. However, if no Will has been drawn up, it will become the appointed administrator’s responsibility to obtain Letters of Administration.

When a Grant of Representation is Not Needed

A Grant of Representation may not be needed where:

  • The deceased had very little assets or money in their bank or building society account.
  • The assets, such as properties, banks and building society accounts, were jointly owned by a spouse or civil partner who is alive and have therefore passed automatically by survivorship.
  • The estate is insolvent.


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.

How Long Will the Probate Process Take?

The entire probate process can vary greatly, depending upon a large number of different factors. Hiring a probate solicitor from Tollers can speed up the process as they have the expert legal knowledge enabling them to take the correct action and guide you through the process. 

As a rough guideline, the probate process usually takes between 9-12 months to complete, however depending on the circumstances it can take much longer, potentially lasting years when a complex situation arises. 

Factors that may affect timescale can include:

  • Unresolved legal disputes regarding the Will (‘contested probate’)
  • Pending inheritance tax if the deceased had unresolved financial affairs


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 is Contested Probate?

Any dispute in relation to the validity of a Will can lead to contested probate proceedings. In terms of challenging the deceased's Will, the grounds for challenging a Will are limited. Testators are meant to have complete testamentary freedom when it comes to making a Will and can leave their estate to whoever they wish as long as the Will is a valid Will to start with.

It is only of benefit to you in contesting the current Will of the deceased, if you are a beneficiary under their directly previous Will. If they had a previous Will, you must be a beneficiary in it in or have a legal basis to bring a claim.

If the deceased person had made multiple previous Wills but you are not a named beneficiary under the directly previous Will, then you will have no legal standing to bring a claim to challenge the validity of the current Will. If there is no previous Will in existence, then on a successful Will challenge, the estate would be dealt with under the intestacy rules and pass in a strict order of hierarchy to certain relatives.

Assuming the current Will was a solicitor prepared Will, then an enquiry can be made of those solicitors in to the circumstances surrounding the preparation and execution of the deceased’s current Will. 

This is the first investigation that must be made in all potential challenges and is called a Larke v Nugus enquiry. It is an enquiry only solicitors can ask of other solicitors but they are obliged to respond. At Tollers we carry out the Larke v Nugus enquiry for a fixed fee. As part of the enquiry we request to be provided with copies of any previous Wills if known to, or in the possession of, those solicitors. 

Contest Probate: Is the Will Valid?

In order for a Will to be deemed a valid document, it must be made in writing and executed in accordance with the Wills Act 1837. Any person creating a Will must be 18 or over and be of sound mind.

There are several reasons why a Will may be deemed invalid. Tollers will be able to guide you through each aspect, helping you to understand if you have the foundations to successfully contest probate. At Tollers, we have been delivering legal advice of the highest quality since 1877, and will be able to inform you of all your options during what can be a stressful period.


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.

Grounds for Challenge

In order for a Will to be accepted as a valid document, it is essential that it is executed properly, has been written with care, and is signed correctly by the right people. If the correct procedures are not followed, you may have grounds to contest the Will.

Lack of Valid Execution

If the Will has not been correctly executed it could be contested. To validly execute a Will it must meet the following criteria listed below.

  • The Will is in writing and signed by the testator, or signed by someone else appointed on behalf of the testator and in their presence
  • It appears that the signature of the testator intends to give effect to the Will
  • The signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and

each witness either—

(i)     attests and signs the will; or

(ii)     acknowledges his signature,

in the presence of the testator (but not necessarily in the presence of any other witness).

Forged Wills

A Will can be contested if there is evidence that it was procured by fraudulent and forged methods. Proving forgery requires substantial proof and Tollers have specialist solicitors who can advise you of what is required to successfully prove such a case. 

Testator Inadequacy

In order for a Will to be considered as a valid document, the testator (person who has created the Will) must have been of sound mind, full understanding, and free of influence from others at the time of writing the Will. The following are examples of circumstances in which you may be able to contest a Will.

Undue Influence

In order to prove undue influence, it is necessary to produce independent evidence to show that the deceased was forced physically or mentally against their will to make a Will that they did not wish to be making.

Mere persuasion is not enough and in the absence of independent evidence it is extremely difficult to prove.  Very few cases succeed on this ground. This is especially the case if the deceased gave independent instructions alone to a solicitor.

Lack of Testamentary Capacity

The law states that only adults who are 18 years of age or older are capable of executing a Will. Adults are assumed to possess testamentary capacity. In terms of someone lacking testamentary capacity, you must be able to prove that the deceased person was not of ‘sound mind’ when the Will was written, resulting in them making decisions which they would not have otherwise made. For the Will to be valid, a person must understand:

  • That they are making a Will and the effect of the Will on their successors and beneficiaries.
  • That they understand what’s in their estate and the value of their assets and property.
  • Understanding the repercussions of eliminating and including certain people under their Will.
  • Not suffering from any mental disorder which may influence their views while making the Will.

Lack of Knowledge & Approval

An individual may contest probate if they believe that the deceased could be said not to have known or approved the contents of their Will.

Many assume that a claim under lack of due knowledge can only be made if the deceased was not of sound mind. However, a claim may also be made if there were suspicious circumstances, or evidence that the testator was not aware of the content of the Will they signed.


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 Can a Contested Probate Solicitor Do for Me?

Tollers provide expert advice with every step when contesting a Will, and offer our full professional, friendly support to ensure you obtain the rightful outcome for your case. Our knowledge and experience we have gathered as contested probate solicitors gives us an edge in the field of law. Some of the areas we deal with 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.

We will help you through what can be an extremely complex legal area. We act regularly for Executors, Trustees, Beneficiaries and other disappointed family members in a variety of contested probate cases. Talk to Tollers today!

We have offices all 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.

Tollers & ACTAPS

If there is a dispute following someone’s death, all Tollers contentious probate solicitors are full members of the Association of Contentious Trust and Probate Specialists (ACTAPS), meaning they are officially recognised as specialists in this niche area of the law of contesting probate; a rarity in the region.

The Association of Contentious Trust & Probate Specialists was first established back in 1997 for legal professional’s involved contentious trust and probate work.

The idea of The Association of Contentious Trust and Probate Specialists is to provide an open forum for specialists to swap stories, knowledge and an appreciation of the law and the specialist areas within which they operate.

ACTAPS Approved Members of Toller’s Staff:

Tom Kings: Tom qualified as a solicitor in the mid-1980s and has gained significant experience in many different forms of business and private litigation, representing a number of substantial commercial and private clients.

Tom 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 contested estate and Inheritance Act claims. Tom 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 expert advice when a client decides to contest a Will.

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

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

In October 2015, Tollers were proud to announce that Tiffany became a fully-fledged member of The Association of Contentious Trust and Probate Specialists, which means that she is officially recognised as a specialist in this niche area of the law. Tiffany advises upon all manner of disputes that arise after someone passes away.


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.

Contact Tollers Today

Tollers have national coverage for all types of Will disputes and have 8 offices throughout the Midlands.  Call our Contesting a Will HELPLINE  0333 414 9191 for FREE initial advice. 


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

  • "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
  • "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
  • "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
  • '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
  • "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
  • "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
  • 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
  • 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.

    Mr and Mrs E
  • If it was not for Tollers and Tiffany Wiggett's professionalism, plain determination, skills and knowledge, myself and my children would be homeless and denied their inheritance and settlement. I am so grateful, elated and completely satisfied to have seen this through with them. Tiffany kept me going through difficult and uncertain times. I highly recommend Tollers, especially Tiffany Wiggett. I never thought I could contest a Will. Tollers have given me my life back.

    C. Hutchings

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
t   01604 258127
m   07785 542593

Tiffany qualified at Tollers in September 2010 and is currently an Senior 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... Read More

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

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