Will disputes

If you believe a will is invalid, unfair or does not reflect the true wishes of the person who made it, specialist legal advice es and early action can be critical to protecting your position and meeting the high evidential burden involved

At Taylor Rose, our specialist lawyers advise clients on how to challenge or defend wills efficiently and effectively. Our team of five specialist lawyers handles contested will claims ranging from straightforward disputes to complex and high-value matters.

We act for claimants bringing will challenges and for defendants responding to or defending claims.

How to contest a will

Challenging a will involves more than simply raising concerns. There is a formal legal process that must be followed, and mistakes can affect the strength of your case.

In most situations, contesting a will involves:

• Identifying the legal basis for the challenge Acting quickly to protect your position, including considering whether a probate caveat should be entered to prevent a grant of probate being issued

• Obtaining key evidence, including medical records, witness statements and obtaining Will files if available.

• Notifying executors and relevant parties of the dispute

• Engaging in pre-action correspondence and negotiations

• Issuing court proceedings where a resolution cannot be reached

Our team will guide you through each step, ensuring your claim is handled correctly and strategically from the outset.

The importance of negotiation and experience

Most wills disputes are resolved without a full court trial. Successful outcomes often depend on strong preparation, effective negotiation and a clear understanding of how courts approach these claims.

Our lawyers have extensive experience negotiating settlements in contested will cases. We focus on building strong, evidence-led positions that place our clients in the best possible position to achieve favourable outcomes, whether through negotiation, mediation or formal proceedings.

When litigation is necessary, we provide robust representation backed by detailed preparation and strategic planning.

Our wills disputes expertise

Our specialist team advises on the full range of contested will matters, including:

• Claims that the testator lacked capacity Claims involving undue influence or coercion

• Circumstances where the testator didn't know and approve the contents of the will they made

• Allegations of fraud or forgery including allegations of fraudulent calumny (where a person deliberately poisons a testator's mind against a potential beneficiary leading to the testator reducing that beneficiary's inheritance or excluding them altogether)

• Where the testator didn’t execute the will properly

• Disputes over unclear or ambiguous will wording

• Rectification claims where drafting errors have occurred

• Disputes involving homemade or informal wills

• Multiple or competing will claims

• Claims linked to Inheritance Act proceedings

We regularly act in complex and high-value will disputes, including matters involving, overseas property and multiple beneficiaries.

Speak to us

If you are involved in a dispute over a will, early specialist advice can significantly affect the outcome. Contact Taylor Rose today to arrange a confidential consultation with one of our experienced wills disputes lawyers and find out how we can help.