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Challenging a Will

The loss of a loved one is a deeply sensitive and emotional time. This can be compounded if you feel that the will does not reflect the deceased’s wishes, or if you have been unexpectedly left out of the will.

David Chandra

Partner

Wills, Trusts and Probate

[email protected]

Dispute Resolution Specialists

Highly Experienced Team

Negotiating For You

In most instances, a person’s will is accepted as an accurate reflection of their wishes and is adhered to without challenge. However, there are situations in which you might consider a challenge to a will to be necessary. There are several different grounds available to challenge a will, which we consider below.

Get In Touch

If you would like expert advice on this complicated area, please contact us on 020 3928 7102 or contact us below.

Grounds for challenging a Will

A Will may be challenged if there are concerns that:

It was not duly and properly executed and witnessed in accordance with the requirements of Section 9 of the Wills Act 1837
The testator may have lacked testamentary capacity
The testator did not know and approve of the provisions in the Will
The testator was unduly influenced or coerced and/or
Fraud or forgery

Our disputes team will be able to review the evidence and advise both claimants and defendants on the prospects of success of any challenge.

When can a Will be challenged?

Although there is no fixed limitation period for contesting the validity of a Will, it is important to act quickly. Claims are generally far more effective if raised at an early stage – ideally before a grant of representation is issued. Once the estate has been distributed matters can seriously complicate and this could have a detrimental impact on your claim.

How we can help

Our team can provide clear, strategic guidance on:

Whether there are valid grounds to challenge a Will
Your likelihood of success
How best to secure evidence (e.g., medical records, witness statements, solicitor files)
Whether to enter a Caveat to pause the administration of the estate
Negotiation and mediation options
Issuing or defending court proceedings

We act for claimants, executors, beneficiaries, and other interested parties.

Contact Us

If you are concerned about the validity of a Will or you are the defendant to a validity claim, then our team can help. We can provide clear guidance on prospects of success, your options for next steps, and the best way forward. Call us on 020 8290 0333 or email [email protected].

Our experts

Meet the team

We were delighted when Mr David Chandra took the time to explain fully, each section of the wills – it gave us peace of mind

Judge & Priestley Property Litigation team has ‘real talent and ability’: the ‘calm, unflappable’ Mark Oakley ‘inspires confidence’ and is ‘excellent on leasehold issues’

J&P professionally dealt with my mother’s will, keeping all executors updated with progress and information until final conclusion of her wishes.

They have been excellent in their working manner, an absolute dream to deal with. They are proactive, responsive, communicative, informative, patient, understanding, just so very willing and eager to exceed expectations. This has been our experience from day one.