How to Contest a Will

An easy to follow guide for claiming your inheritance by contesting a Will.

If you are reading this, you are probably deciding whether or not to contest a Will in order to receive your rightful inheritance. Perhaps one of the following scenarios matches your current situation:

• You were a child of the deceased (or somebody treated as such), but were bequeathed nothing (or very little) in the Will
• You were the spouse or legal partner of the deceased, but received nothing (or insufficient) in the Will
• You were neither the child nor the spouse of the deceased, but were nonetheless maintained by the deceased, but received nothing (or insufficient) in the Will
• The deceased promised you that you would receive an inheritance from the Will but you did not
• You believe that the mental capacity of the deceased was diminished at the time they made the Will
• The deceased was a party to either a 'Mirror' or 'Mutual' Will
• You have been named as a beneficiary in the Will, but you have received nothing or a smaller amount than you were bequeathed
• The deceased died without making a Will and you were a child of the deceased (or somebody treated as such)
• The deceased died without making a Will and you were financially maintained by the deceased

Should you wish to bring a claim and contest a Will, we may be able to assist by introducing you to an experienced, professional Probate Solicitor who will pursue your case and contest the Will on a genuine No-Win, No-Fee basis.

Call 0845 218 0271 to contest a Will with no financial risk or complete the form opposite and we'll call you.

1. Do you have sufficient grounds to contest a Will?

In order to contest a Will the law requires that you have sufficient grounds for bringing a claim. Under UK law, this generally means that one or more of the following conditions must be met:

• You were bequeathed nothing or a smaller amount than you expected in the Will
• Nothing or an insufficient amount has been received, despite an inheritance being promised
• The deceased died 'Intestate' (i.e. they did not make a valid Will before they died)
• A Will was left, but it does not conform to the prevailing legal requirements for validity
• There exists a financial dependence of a beneficiary upon the deceased that has been unrecognised
• The mental capacity of the deceased was diminished at the time they made the Will
• The deceased was a party to either a 'Mirror' or 'Mutual' Will
• Unaddressed moral issues exist that should be considered by the court
• One or more third party beneficiaries (e.g. a charity) have been named as beneficiaries in the Will
• One or more named beneficiaries in the Will are suspected to be a 'serial beneficiary'
• The Will is missing or has been accidentally or purposely destroyed
• Fraudulent activity is suspected to have taken place at the time the Will was made by the deceased

2. Are you eligible to contest the Will?

Having determined that the prevailing circumstances constitute sufficient grounds to contest a Will, you will need to decide whether or not you are eligible to bring a claim. Generally speaking, one or more of the following conditions must be met:

• You are named as a beneficiary in any Will made by the deceased, but you have either not received, or have received an insufficient or unfair inheritance
• The deceased, being a blood relative of yours, died without having made a Will (Intestate)
• You are a relative, spouse, former spouse, civil partner or former civil partner of the deceased
• You were a dependant or cohabitee of the deceased (or at least were treated as such), or were in receipt of maintenance from the deceased prior to their death
• The deceased promised you that you would receive an inheritance from the Will but you in fact did not
• The deceased gave you money, gifts and/or paid for your lifestyle or upkeep (in part or in full) during their lifetime
• The deceased lived in England or Wales at the time of their death
• You have sufficient grounds to contest a Will (see point 1 above)
• The deceased's estate has a value exceeding £50,000

3. How to contest a Will

Having satisfied yourself that you have grounds to contest a Will and are an eligible person to do so, you may wish to speak to one of our specialists who will be able to guide you through the process and (should your claim warrant further action) introduce you to a probate solicitor who will fight your case on a genuine No-Win, No-Fee basis.

4. When should you contest the Will?

There are timescales involved and courts may not look favourably upon extended delays. Cases to contest a Will that are brought late may also be complicated by distribution of the estate having already occurred. If you feel that you have a valid claim you should therefore ensure that you do not delay unnecessarily.

Call 0845 218 0271 to contest a Will with no financial risk or complete the form opposite and we'll call you.

5. Who can assist you?

Going Legal has been established for in excess of 20 years. During this time we have successfully recovered many millions of pounds for our clients. Unlike many other organisations, we welcome complex and difficult cases and will always ensure that your inheritance claim is fought on a genuine no win no fee basis.

You may wish to speak to one of our specialists who will guide you through the process and introduce you to an experienced Probate Solicitor who will work for you on a genuine No-Win, No-Fee basis.