• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Logo

(01707) 244 710

  • Home
  • Our Services
    • Civil Disputes & Litigation
    • Contesting a Will
    • Conveyancing
    • Executors & Probate
    • Housing Law
    • How to Make a Will
    • Immigration
    • Insolvency Law
    • Personal Injury
    • Powers of Attorney
    • Retail & Commercial Leases
    • Wills & Estate Planning
  • About Us
  • Our People
  • Blog
  • For Clients
    • Your Secure Documents
  • Contact Us
  • Our Fees
  • Diversity Data
  • 6 reasons to update your will
  • Complaints Policy

Contesting a Will

If you’ve been left out of a Will, or have been unfairly treated in terms of the amount of your inheritance you may be able to make a claim against the estate.

Who can dispute a Will?

It varies from state to state, but some of the people who may be entitled to claim include people who had a relationship with the deceased such as:

  • wife or husband
  • defacto or same sex partner
  • former spouse or defacto partner
  • child, stepchild or grandchild
  • parent of a child of the deceased
  • parent, brother or sister
  • someone who was financially dependent on the deceased
  • carer of the deceased

This is a very general guide only so please contact us to discuss your particular circumstances.

Is there a time limit?

Yes, there is. You have only 12 months from the date of their death to make a claim. In certain circumstances, we might be able to obtain an extension of the time limit so please contact us to discuss your situation.

What if I don’t believe the Will was valid?

You can challenge a Will if you believe that the will is a forgery or if the person lacked the mental capacity to make a Will. You can also challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved.

How do I make a claim?

First, contact a solicitor, who can assess your claim and discuss the particular circumstances of your claim. If it’s worth continuing we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents and make an offer to the executors. Many claims are settled through negotiation at this stage.

If the matter is’t resolved then we can lodge documents with the court to initiate proceedings. We can still negotiate and in some cases mediation will be required by the court.

Failing all else, we will proceed to a court hearing wherein the evidence will be presented and the judge will make a decision.

We can help

At every stage of contesting or challenging a Will it’s important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to court we also have the skills to fight on your behalf.

Contact us to find out more or to arrange a consultation with an experienced estate solicitor.

Primary Sidebar

Contact Us

23 Fiddlebridge Lane, Hatfield, Hertfordshire AL10 0SP
(01707) 244 710
(01707) 240 455
info@salisburylaw.co.uk

Online Enquiry

* indicates required field
IMPORTANT NOTICE: The information you provide will be only used by us to administer your enquiry and any response. Use of this form does not create a solicitor-client relationship and information transmitted will not necessarily be treated as privileged or confidential. If you are a client, please get in touch with your usual firm contact directly for the most timely response.

Footer

Salisbury Law

As a small team of dedicated professionals we aim to provide a friendly, family atmosphere with a reputation for timely, personalised service.

Our Advantages

  • We are a local based firm with extensive knowledge in our chosen fields of practice.
  • We offer clients an efficient and professional service and charge a fair price for this service.

Contact Us

  • 23 Fiddlebridge Lane, Hatfield, Hertfordshire AL10 0SP
  • (01707) 244 710
  • (01707) 240 455
  • info@salisburylaw.co.uk

Privacy Policy | Copyright © 2022 · Authorised and regulated by the Solicitors Regulation Authority of England and Wales with registered number 626586
Created and hosted by LEAP · Log in

This site tracks visits anonymously using cookies. Close this dialogue to confirm you are happy with that or find out more in the Privacy Policy. Agree and close
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non-necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.

SAVE & ACCEPT