Will Disputes

Being left out of a Will or having concerns that a Will hasn’t been drafted correctly can feel daunting, but there are ways to dispute a Will. Our experts are here to guide you through the process of a Will Dispute.

Will Disputes can occur for many reasons, from concerns over validity due to undue influence, fraud or coercion, to improper drafting. Such matters can complicate and override the deceased person’s intentions. Thankfully, the Courts have the ability to assess the situation and decide how the Will should be interpreted.

At Dutton Gregory Solicitors, we have a team of skilled Will Dispute solicitors who are specialists in all types of Will disputes and have a wealth of combined expertise and experience assisting clients from all backgrounds and circumstances.

Our specialists recognise that each Will dispute is different and each case needs personalised advice for the best chance of success. If you decide to work with our specialist team, we provide a bespoke service with tailored advice and guidance, taking the time to clearly understand your situation and legal needs.

Our Will Disputes expertise

Our specialist solicitors can provide expertise with matters including:

Contesting a Will
Defending a Will
Inheritance Act claims

Get in touch with our Will Dispute solicitors

To discuss the legal needs of your Will dispute, please get in touch with our expert solicitors in Bournemouth, Chandler’s Ford, Southampton, Winchester and Woking.

Contesting a Will

If there is a concern that a Will does not represent the true wishes of the deceased, you could be able to contest the Will. Situations where this could apply include where the deceased person was influenced into making certain decisions concerning their Will or where it is thought that the Will might be fraudulent.

Our Will Dispute solicitors can provide expert legal advice, assessing the strength of your case and advising you on whether you have grounds for a claim. Should you be eligible, our solicitors will guide you through negotiations and attempt to reach a mutual agreement.

If a decision is unable to be reached, our solicitors can provide representation during Court proceedings, helping to gather evidence and present a strong argument.

Defending a Will

Our solicitors can guide you through the process of defending a Will. The team will assist with assessing the Will’s validity and ensure that it was correctly executed and meets all legal requirements.

Our Wills team will help you through strategic alternative dispute resolution methods, including negotiation, in an attempt to find an outcome.

If an outcome is not achievable, litigation may be necessary. We will provide representation through your hearing and have a strong track record for success.

Inheritance Act Claims

Being left out of a Will or not receiving the amount expected can understandably be an upsetting situation. However, individuals who relied on the deceased financially may be eligible to make a claim against the estate under the terms of the Inheritance (Provision for Family and Dependants) Act 1975.

We have assisted a range of individuals through Inheritance Act claims, including spouses and children. Our Will Dispute solicitors can determine your eligibility and guide you through the claims process.

Frequently asked questions about Will disputes

On what grounds can a Will be disputed?

Not all Wills can be disputed. The grounds to dispute a Will include:

Undue Influence
Coercion
Lack of Capacity
Forgery and Fraud
Improper Execution
Claims under the Inheritance (Provision for Family and Dependants) Act 1975

Who pays costs in Will disputes?

During a Will dispute, who is responsible for paying the costs entirely depends on the nature of the case, the various parties’ willingness to cooperate and the decided outcome.

In some instances, where a party loses the case, they will be responsible for paying some or all of the opposing party’s legal fees.

Do I need a solicitor to challenge a Will?

If you are disputing a Will, there is no legal requirement for you to seek the assistance of a solicitor, but it can limit your chances of success.

To understand your legal rights and options, seeking the legal advice of a solicitor who specialises in Will disputes can prove beneficial.

How do I stop someone from contesting a Will?

It isn’t always possible to prevent your Will from being contested after your death, but there are steps you can take to minimise the risk. For example, you can get legal advice from an experienced solicitor who will guide you in the right direction and provide assistance with preparing the Will, making sure all legal requirements are met.

Is there a time limit on contesting a Will?

For some types of Will disputes, there is a limitation period for contesting a Will, which is 6 months from the Grant of Representation.

There are some instances where the Court will grant an extension., for example, where a claimant was unaware of their eligibility to make a claim.

There is no time limit for disputing a Will on the grounds of fraud.

Why choose Dutton Gregory Solicitors?

Relationships of value

When you work with our experts, you can have complete confidence that our solicitors are committed to providing quality advice, ensuring your needs are met. Our team is professional and supportive, being on hand to provide exactly the assistance you need in a timely manner.

Personal Service

We understand that your Will dispute will be entirely different from another, so we will take the time to carefully understand your case and then deliver tailored advice and hands-on support.

Reliability

At Dutton Gregory, we are proud of the outstanding reputation our law firm has built and the strong professional relationships we have created with clients across Hampshire, Dorset and Surrey.

During your case, our Will Dispute solicitors will always be on hand to address your questions and keep you up to date with the process.

Our fees

At Dutton Gregory, we recognise that legal fees, in addition to the stress of a Will dispute, can often feel daunting. That’s why we offer our clients a range of funding options based on their circumstances.

We will be happy to discuss our fees during your initial consultation with our team, so please do not hesitate to get in touch.