Will Validity Disputes Solicitors

Yes.

A Will can still be challenged after probate has been granted. However, if estate assets have already been distributed, the practical difficulties and costs of pursuing a claim may increase significantly.

In many cases, yes.

A caveat can be entered at the Probate Registry to prevent a grant of probate from being issued while concerns regarding the validity of a Will are investigated.

A caveat should not be entered lightly, and legal advice should usually be obtained beforehand

A caveat is a formal notice lodged at the Probate Registry which temporarily prevents a grant of probate from being issued.

It is commonly used where there are concerns regarding:

• Testamentary capacity.
• Undue influence.
• Fraud.
• Forgery.
• The existence of a later Will.

Yes.

A diagnosis of dementia does not automatically mean that a person lacks testamentary capacity. Many individuals with dementia remain capable of making a valid Will, particularly during the earlier stages of the condition.

The key question is whether they had the necessary capacity when the Will was made.

Evidence may include:

• GP records.
• Hospital records.
• Care home records.
• Medical expert reports.
• Solicitor attendance notes.
• Witness statements from family members and friends.

The quality of the evidence is often critical to the outcome of the case.

Undue influence occurs where someone exerts pressure on a person to make a Will they would not otherwise have made.

Examples may include:

• Threats.
• Coercion.
• Bullying.
• Emotional manipulation.
• Exploitation of a vulnerable individual.

Simple persuasion or discussion is not enough. The pressure must effectively overpower the person’s free will.

Yes.

Undue influence claims are often among the most challenging Will disputes because the conduct usually takes place in private and direct evidence is rarely available.

Successful claims frequently rely upon a combination of surrounding circumstances and documentary evidence.

Even if a person had capacity, a Will may still be invalid if they did not understand or approve its contents.

This issue commonly arises where:

• The Will was prepared by a beneficiary.
• The deceased was unable to read the document.
• Significant changes were made shortly before death.
• There are suspicious circumstances surrounding the Will’s preparation.

If a Will is declared invalid, the estate will usually pass under:

1. A previous valid Will; or
2. The intestacy rules if no earlier valid Will exists.

The financial consequences can be substantial.

The intestacy rules determine who inherits where a person dies without a valid Will.

The rules prioritise certain family members and do not always reflect what the deceased may have wanted.

Yes.

An executor may have concerns regarding the validity of the Will they are named in and can take appropriate legal steps to investigate those concerns.

Executors must act carefully and remain mindful of their duties to the estate.

Yes.

Executors are often named as defendants in Will validity proceedings because they are responsible for administering the estate.

They may take a neutral position or actively defend the claim, depending on the circumstances.

There is no automatic rule.

The court has a wide discretion regarding costs. In some cases, costs may be paid from the estate. In others, the unsuccessful party may be ordered to pay a substantial proportion of the successful party’s legal costs.

Costs are therefore an important consideration from the outset.

Many do not.

Most disputes settle through negotiation, mediation or other forms of alternative dispute resolution before a final trial becomes necessary.

However, where settlement cannot be achieved, court proceedings may be required.

The court expects parties to seriously consider mediation and other forms of alternative dispute resolution.

A party who unreasonably refuses mediation may face adverse costs consequences, even if they ultimately succeed at trial.

This depends on the complexity of the case.

Straightforward disputes may resolve within a few months, whereas heavily contested High Court litigation can take considerably longer.

Factors affecting timescales include:

• The amount of evidence required.
• Whether expert evidence is needed.
• The number of parties involved.
• The willingness of the parties to negotiate.

Costs vary significantly depending on the complexity of the dispute and whether court proceedings become necessary.

During an initial consultation, we can discuss likely costs, funding options and the most proportionate way to pursue your objectives.

Will validity disputes involve a specialist area of law combining probate, evidence and litigation principles.

Obtaining advice from a solicitor experienced in contentious probate can help identify the strengths and weaknesses of a claim at an early stage and avoid unnecessary costs.

You should seek specialist legal advice as soon as possible.

Early advice can help preserve evidence, protect the estate from distribution and place you in the strongest possible position to investigate or pursue a claim.