Get Legal Advice About Disputing a Will

Are you facing a dispute over a will or inheritance?

Disputes involving wills and the distribution of an estate can be lengthy, costly and emotionally draining, particularly when family dynamics are involved. If they are not handled with sensitivity, care and professionalism, disputes can cause lasting damages to family relationships.

Challenges can also arise when trusts are involved, particularly if they have not be properly drafted or aren’t being managed legally.

If you’re experiencing issues with a will or trust, Samuels Solicitors are here to help. While we are based in Devon, we assist clients nationwide, using our expertise to resolve the disputes as cost-effectively as possible.

There are many different reasons why disputes over wills, estates and inheritance can occur. 

 

Someone died without leaving a will

One of the most frequent causes of disputes about inheritance, is when someone dies intestate (without leaving a will). In such cases, the rules of intestacy apply. Tensions often arise between siblings, particularly when there are perceived differences in the level of financial support provided during the deceased’s lifetime or if one sibling acted as a carer for elderly parents. Issues can also arise about who should be the person to apply for a grant to administer the estate.

When there’s no will, disputes can also occur about whether property should be sold or who should inherit specific assets or personal items. If you find yourself in this situation, we can advise you on what you may be entitled to under the intestacy rules and whether there are grounds for a challenge.

 

Deceased's will was not up to date

If the deceased person left a will, but their circumstances changed before they passed away, you might be able to challenge it. For example:

• Marriage invalidates any prior will, meaning the estate would be divided according to the intestacy rules if the will hadn't been updated;
• Significant changes in the deceased’s financial situation can create disputes over the amount left to beneficiaries, for example if the deceased themselves inherited significant assets before they passed away;
• If a primary beneficiary, such as one of the deceased's children, passed away before the testator, and it’s unclear who should inherit their share, this can create complications;
• If the will references assets the deceased no longer owned at their death, this can lead to issues during the administration of the estate; or
• The deceased had more children or cohabitated with a partner, since they made their last will.

It's crucial to review your will regularly, especially after significant life events like marriage or changes in wealth, or having more children. If your will was drafted some time ago, we can review it for free to ensure it complies with current legal standards.

 

Can I challenge a will that has disinherited me?

The law provides that certain family members, such as spouses, cohabitees, and dependent children, can challenge a will if adequate provision has not been made for their maintenance. If your spouse or partner has passed away without making sufficient provision for you in their will, it may be possible to challenge the will.

Given the complexities of family dynamics and the changing legal landscape, it's important to seek up-to-date legal advice if you're unsure whether your will makes sufficient provision for your loved ones.

 

Can I dispute a poorly drafted will?

A will that has not been properly drafted may be open to challenge. Even if a will is legally executed, mistakes in its drafting can still lead to disputes. Wills are highly technical documents, and even a slight error can result in the will being contested.

Common reasons for a will being invalid because of poor drafting include:

• Using generic will templates purchased online;
• Writing your own will without legal guidance;
• Employing a non-professional (such as a legal advisor) to draft your will; or
• Errors made by a solicitor or will writer.

In one well-known case, a poorly drafted will sold by Barclays Bank for just £90 resulted in a £400k claim after the client passed away.

A will that has been drafted ambiguously can also lead to disputes, highlighting the importance of professional drafting.

 

Can I challenge a will if the deceased didn’t understand it?

If you believe that the deceased did not fully understand their will when they signed it, you may be able to challenge its validity. Many will disputes arise when a family member believes the deceased lacked mental capacity when the will was made, often due to conditions like dementia or Alzheimer's disease.

In these situations, we may need to obtain medical records or the file of the solicitor who drafted the will, and possibly consult an expert to assess the deceased's mental capacity at the time the will was signed. If the Court determines that the deceased did not understand what they were signing, the will may be overturned, and the previous will or intestacy rules may apply.

 

Can I contest a will if the deceased was under pressure to sign it?

If someone was coerced or pressured into making a will in a particular way, that will could be challenged. Undue influence can occur even if the deceased was mentally competent at the relevant time.

For example, adult children who expect to inherit a property may pressure the deceased to leave it to them, to the exclusion of other family members. Similarly, neighbours or friends may exert influence over a testator to benefit them if they provided assistance to the deceased during their lifetime.

If it can be proven that undue influence was exerted on the deceased, the will may be invalidated.

 

Can you challenge a will if it has been forged?

In rare cases, a will may be forged.

Proving that a will has been forged can be challenging, but legal action is possible. Often, this requires expert testimony from handwriting analysts who can compare the signatures on the will to known examples of the deceased’s handwriting.

 

Disputes involving trusts

Trusts are often an important part of estate planning, but if they are not set up or managed correctly, they can lead to disputes. Trusts are complex financial instruments, and mismanagement by trustees can cause significant harm to beneficiaries.

At Samuels Solicitors, our partners have extensive experience in both acting as professional trustees and pursuing claims for breach of trust against trustees who have failed in their duties. If you're facing issues with a trust, we can provide the legal support you need.

 

Disputes involving lifetime gifts

A lifetime gift is something that the deceased person gave away while they were alive. This could be a sum of cash, or assets like jewellery, shares, paintings, property or anything else of value which was owned by the deceased. 

Sometimes an estate can end up being relatively small in value as the deceased gave away significant gifts in his or her lifetime.

If you suspect that the deceased did not have mental capacity to make the gift, was pressured or coerced into making the gift, the gift was a result of fraud, or an attorney made the gift without proper authority, you could challenge the lifetime gift.

If successful, the value of the gift will be bought back into the estate and distributed according to the terms of the deceased’s will, or the intestacy rules.

 

Can I claim against an executor for failing to carry out their duties?

Being an executor or personal representative of an estate can be quite an onerous responsibility. Sometimes personal representatives can knowingly or unknowingly breach your trust through their own carelessness, incompetence or them acting in their own best interests instead of the estate’s.

If a personal representative has acted in breach of trust, you can bring court proceedings to remove them from their role. Creditors or beneficiaries of an estate may also have a claim against the personal representative personally, if they have suffered a loss as a result of the personal representative's actions.

 

Can I compel a personal representative of an estate to act quicker in the estate administration process?

In estate administrations you will often hear the term “the executor's year”. Personal representatives of an estate have a number of duties to both creditors and beneficiaries during the administration process.

From the date of death, the personal representatives have 12 months before they must start distributing the estate. This is considered to be a reasonable amount of time for the personal representatives to gather information regarding the assets of the estate and check for potential debts and/or claims. Personal representatives have no obligation to distribute the estate before the year. Even after the end of the executor year, there may be good reason for delays to the distribution of the estate, as probate can be highly complex.

If you are a beneficiary of an estate and you feel that there has been an unreasonable delay to distribution, you can bring court action to compel personal representatives to fulfil their duties or remove them from their role.

 

Recovering a debt from an estate

If someone owes you money when they die you may be able to claim repayment from the deceased’s estate. To initiate this process you must swiftly contact the personal representatives of the estate. Often there will be a notice placed in the Gazette or local newspaper advertising the death and giving contact details for the personal representatives.

If a personal representative fails to respond to your claim, or to dispute its validity, if your debt is greater than £5,000 you can petition the Court for an insolvency administration order.

In some cases, creditors may also have grounds for claims based on anticipatory breach of contract, where there is evidence of the deceased agreeing to repay the debt, or for unjust enrichment, where the deceased financially benefited at the creditor’s expense with no valid reason for such benefit.

 

How much does it cost to dispute a will?

Challenging a will can be expensive, and we understand that many clients may not be able to pay up front. We offer a range of funding options to help make legal action for challenging a will accessible, including conditional (no win, no fee) arrangements for cases with strong prospects of success. In some cases, we may agree to defer fees until the conclusion of the case.

Additionally, you may have insurance coverage, such as through your home or contents policy, that could help cover legal costs. We can investigate this with you and even liaise with your insurer on your behalf.

 

Are you ready to dispute a will?

Inheritance disputes can be incredibly stressful, especially when you're grieving. At Samuels Solicitors, we provide fast and effective advice in these difficult circumstances. Time limits for taking action are often short, so getting in touch as soon as possible is crucial.

With over 30 years of experience handling will disputes, we have a team of experts, including specialist counsel, medical professionals, handwriting analysts, and more, to assist you.

If you’re dealing with a will dispute, want to challenge a will, or simply need your will reviewed for free, contact us today for a no-obligation consultation.