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Challenging a Will

If you need to challenge or defend a challenge against a Will, our experienced solicitors can help.

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When presented with a Will or knowledge of a deceased person’s affairs, suspicions can be aroused as to whether a Will truly reflects that person’s last wishes.

In such circumstances, a fact-finding investigation can be undertaken to determine whether there is any evidence to suggest that the Will is invalid or susceptible to challenge. 

The estate may then be distributed in accordance with an earlier Will or under the intestacy rules (which govern who is entitled to inherit an estate in the absence of a Will). 

Interim steps can also be taken to preserve and protect the estate’s assets, such as entering a caveat.

On the other hand, executors and beneficiaries are often faced with challenges to a Will and need expert support and advice as to the merits of any claim and the strategic methods that should be employed to deal with them.

Our solicitors are experts in all matters relating to the contesting of Wills, as well as disputes involving inheritance, estates and trusts.

FAQs

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Working with us to contest a Will

We’re more than happy to conduct virtual or face-to-face meetings with you — providing a flexible and responsive service to clients both nationally and internationally. 

We have decades of experience and specialist expertise in all matters relating to contested Wills. This enables us to offer practical advice and develop an innovative strategy to help you achieve resolution as early as possible.

Nicola Turner

Meet the team

Experienced, accredited Will dispute solicitors

Our team is led by “talented litigatorNicola Turner — a full member of the Association of Contentious Trust and Probate Solicitors held in high regard by fellow professionals and The Legal 500. She’s described by a fellow legal professional as someone “whose judgement sets her apart” and has been instructed to represent barristers and partners in other law firms in their personal capacities.

Our team also includes Associate Beth Middleton and Solicitor Georgina Vokes and is supported by paralegal Victoria Bennett.

A “highly promising” Associate, Beth is recognised as a ‘key lawyer’ in The Legal 500. She's also a member of ConTra (the Contentious Trusts Association) and the Northern Contentious Probate Group. Beth is due to become an accredited Associate Member of the Association of Contentious Trust and Probate Solicitors this year and is widely recognised across the Northern circuit for her expertise.

Nicola Turner took instructions and immediately formulated a strategy to deal with what became a lengthy and difficult case. At each stage, she had a clear vision of what the next stage looked like and was able to drive the other parties’ responses with great skill — allowing her to carry out in-depth comparisons of the responses and evidence provided by the other party. She advised and managed my expectations, so any decisions made were fact-based and provided a pathway to the eventual result. I have no hesitation in recommending Nicola.

Will validity challenge defendant

Nicola Turner stands out… in the accuracy of her judgement of cases and their likely outcome… Nicola is not afraid to give direct advice and she never sits on the fence.

The Legal 500

A high level of technical expertise is needed as well as an ability to empathise and gain the confidence of clients involved in what are frequently highly emotive disputes. Nicola possesses that level of technical ability as well as the emotional intelligence needed to engage successfully with clients.

Barrister

Thank you so much for all of your help with this matter. I can finally move forward knowing that this matter has been resolved in the best way and by a fantastic law firm. Once again thank you so much for all your help.

Client feedback

Beth Middleton is a very capable junior solicitor with a growing profile in the contentious trusts and probate market in the North West.

Anonymous barrister

Case Highlights

Will interpretation

Representing the Executor of an estate in which the deceased gifted a property in her Will to one of her sons and gifts of the equivalent value in cash to her other two sons. After the Will was executed, the deceased placed her interest in part of the property into a limited company, such that the gifts in her Will have partially adeemed. A claim by the disappointed beneficiary was successfully defeated without the need for contested Court proceedings.

Negligently drafted mutual Will

Representing a widow in relation to the estate of her late husband that involved a negligently drafted mutual Will which fails to provide the widow with a life interest in property, as intended by the deceased. We’re negotiating a deed of variation with the deceased’s adult children to resolve the dispute without the need for proceedings. We’re also advising on an associated professional negligence claim.

Will validity

Representing a charity that is the beneficiary of an estate. The professional executor has questioned the validity of the last Will on the basis of lack of mental capacity. The case is complicated because of the issue of conflict, confidentiality and potential breach of professional obligations on the part of the executor, whose conduct is contrary to the best interests of the beneficiaries.

Will validity

Representing two of three defendants in complex High Court proceedings that seek to set aside particular clauses of a Will based on alleged undue influence. The first Defendant has also alleged that the Will needs to be construed by the Court.

Will validity

Representing the daughter in an intimated claim against her late mother’s estate to challenge the Will based on a lack of testamentary capacity and undue influence.

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