Will Dispute Solicitors
The passing of a loved one is a deeply emotional time, and it can become even more challenging when disputes arise over their will.
Whether it’s questions about the will’s validity, disagreements among beneficiaries, or concerns over how assets are distributed, will disputes can strain family relationships and create significant stress.
In the UK, the law surrounding will disputes is complex and requires a thorough understanding of the legal processes and your rights. Will disputes can encompass a range of issues, from claims of undue influence or lack of testamentary capacity to allegations of fraud or improper execution.
Lawhive is here to help you through this difficult time.
Our network of specialist solicitors is experienced in all aspects of will disputes. They can provide clear, practical advice on your rights and the best course of action.
If you’re facing a will dispute, contact us today for a free, no-obligation case evaluation.
Our experienced Legal Assessment Team is here to listen to your concerns, explore your options, and provide a fixed-fee, no-obligation quote for the services of a specialist lawyer.
What is a will dispute?
A will dispute arises when there is a disagreement or challenge regarding the terms, validity, or execution of a deceased person's will.
These disputes can involve various parties, including family members, beneficiaries, or other individuals with an interest in the deceased's estate.
Will disputes are often emotionally charged and can significantly impact relationships and the distribution of assets.
What are the common reasons for disputing a will?
Some of the most common reasons for will disputes include:
Concerns about whether the will was legally executed, the testator’s mental capacity, or undue influence.
Beneficiaries feel the will’s terms are unfair or do not reflect the testator’s true intentions.
Family members or dependents feel inadequately provided for.
Disagreements over how the executor is handling the estate.
Who can contest a will?
In the UK, only specific individuals and under certain circumstances can contest a will, this includes:
Beneficiaries named in the will
Beneficiaries under a previous will
Family members and dependents
Executors and administrators
Creditors of the estate
Individuals with a financial interest
What is the time limit for contesting a will?
Time limits for contesting a will vary depending on the nature of the claim and the grounds on which the will is being disputed.
Claim type | Who can claim? | Time limit |
Inheritance (Provision for Family and Dependants) Act 1975 Claims | Spouses, children, cohabitees, and other dependents who believe they have not been adequately provided for in the will. | Six months from the date of the Grant of Probate or Letters of Administration. |
Claims for Lack of Validity (Testamentary Capacity, Undue Influence, Fraud) | Family members, executors, and administrators | No fixed statutory time limit |
Rectification and Construction Claims | Family members, executors, and administrators | Six months from the date of the Grant of Probate or Letters of Administration. |
Claims Against Executors or Administrators | Beneficiaries | No fixed statutory time limit |
What is the role of an executor in a will dispute?
An executor's duties involve gathering and managing the estate’s assets, paying any debts and taxes, and distributing the remaining assets to the beneficiaries according to the terms of the will.
During a will dispute, the distribution of the estate's assets is often paused until the dispute is resolved. As such, the executor’s focus shifts to preserving the estate’s value and ensuring that all legal and financial obligations are met while the dispute is ongoing.
The executor is also generally responsible for defending the validity of a will against challenges and ensuring that the deceased's intentions are respected.
This may involve engaging in legal proceedings to uphold the will’s validity if contested on grounds such as lack of testamentary capacity, undue influence, or improper execution.
We understand the pressures that executors face during will disputes. Our experienced network of solicitors provides comprehensive support and guidance to help executors deal with disputes.
Contact us today for a free, no-obligation case evaluation to discuss your role as an executor in a will dispute and explore how we can assist you.
How are will disputes resolved?
Depending on the disagreement, will disputes can be resolved through various methods, including:
Informal negotiations and mediation are often the first steps in resolving a will dispute, aiming to find common ground and negotiate terms that all parties can agree on.
Depending on the nature of the will dispute, negotiations can lead to formal settlement agreements that outline the resolution and any actions to be taken by each party.
If, however, a will dispute can’t be resolved in this way, the final step is to take the dispute to court, where a judge decides the outcome based on legal arguments and evidence presented by both sides.
What happens if a will dispute goes to court?
When a will dispute can't be resolved through informal negotiations, mediation, or other forms of alternative dispute resolution, it may escalate to court litigation.
The process begins when one party (the claimant) files a claim with the court, challenging the will's validity or its provisions.
Following this, the court will issue directions to manage the case and both parties must disclose relevant documents and evidence to each other.
At the court hearing, each side presents its evidence, including witness testimony and expert reports, to support their arguments. After hearing all the evidence and arguments, the judge deliberates and decides on the case.
How long does the will dispute resolution process take?
How long it takes to resolve a will dispute can vary depending on the case, the willingness of parties to negotiate, and the chosen method of dispute resolution.
If a will dispute goes to court it can take anywhere from one to two years or longer to resolve, potentially longer if a party appeals to a higher court.
Can a will dispute be settled out of court?
Will disputes can often be settled out of court. In fact, resolving disputes outside of the courtroom is generally preferred due to the time, cost, and stress associated with formal litigation.
Alternative methods for settling will disputes without court intervention include mediation, arbitration, and conciliation.
Alternative dispute resolutions like this are more structured than informal negotiations but offer more flexibility than court proceedings, and can result in a mutually agreed resolution.
What are the costs associated with will disputes?
The typical costs associated with will disputes include:
Solicitor and barrister fees
Court fees
Expert witness fees
Mediation and ADR costs
Potential costs orders
In the context of will disputes, executors and administrators may incur costs for their time and expenses related to managing and distributing the estate, however, these costs are typically reimbursed from the estate.
What should I do if I am an executor facing a will dispute?
Being an executor of a will is a significant responsibility, and facing a will dispute adds another layer of complexity and stress to the role.
If you find yourself dealing with a will dispute, you should carefully review the claim or notice of dispute to identify the reasons and basis for the challenge.
Then, seek legal advice from a wills, trust, and probate solicitor to help you navigate the dispute and fulfill your duties effectively.
Remember: As an executor, you must remain neutral and act in the best interests of all beneficiaries and the estate.
So, avoid taking sides in the dispute and refrain from actions that could be perceived as favouring one party over another.
Get legal help with a will dispute from Lawhive
When a loved one’s will is challenged, the resulting dispute can be emotionally and financially draining.
Will disputes can arise for various reasons, including questions about the will’s validity, allegations of undue influence, or disagreements among beneficiaries over asset distribution.
These disputes can place immense pressure on family relationships and the appointed executors.
At Lawhive, we understand the intricacies and emotional toll of will disputes. Our network of specialist solicitors is dedicated to providing compassionate, expert support tailored to your needs.
Why choose Lawhive?
Expertise: Our solicitors have extensive experience in all aspects of will disputes, from contesting validity to managing executor challenges.
Cost-effective: We provide top-quality legal services at a fraction of the cost of traditional high-street law firms.
Personalised support: We offer tailored advice and support to help you with your specific situation.
Contact us today for a free, no-obligation case evaluation.
Our experienced Legal Assessment Team is ready to listen to your concerns, explore your options, and provide a fixed-fee, no-obligation quote for the services of a specialist lawyer.