Will Disputes Solicitors
Specialist legal advice for contesting and defending the validity of a will.
When a will is called into question.
Discovering a will doesn’t reflect your expectations can be deeply unsettling and may raise serious legal issues.
You may doubt whether the deceased had the necessary mental capacity when the will was signed. You may be concerned about undue influence or about the circumstances in which the document was prepared and witnessed. Alternatively, you may be an executor or beneficiary facing allegations that the will itself is invalid.
Will disputes arise where there is genuine doubt about whether a will is legally valid. These cases often involve sensitive family circumstances and serious allegations.
Our will disputes solicitors take a measured, evidence-led approach from the outset, ensuring the legal position is carefully assessed before any challenge or defence is pursued.
Call us on 0203 993 4813 or
When can a will be challenged?
A will can only be set aside on recognised legal grounds. Common bases for will disputes include:
- Lack of testamentary capacity.
- Undue influence or coercion.
- Fraud or forgery.
- Lack of proper execution.
- Lack of knowledge and approval.
A court rarely overturns a will. The burden of proof may shift depending on the circumstances, and detailed evidence is often central. Medical records, solicitor attendance notes, drafting correspondence and witness testimony can all play a significant role.
There is no set time limit in the law for contesting the validity of a will. However, delay can make recovery more complex, particularly if assets have already been distributed. Where concerns arise before probate is granted, entering a caveat may be appropriate to prevent the estate from being administered prematurely.
Careful early assessment helps protect your position and clarify the strength of a challenge or defence.
Call us on 0203 993 4813 or
Trusted expertise in resolving will disputes.
Our will disputes solicitors have handled cases involving disputed capacity, undue influence and competing family claims.
We combine meticulous preparation with disciplined strategic judgement from the outset, ensuring that your position is assessed realistically and advanced with care.
In 2026, our dispute resolution team was named a finalist in the LexisNexis Dispute Resolution Team of the Year awards, reflecting the strength of our contentious work.
Our strengths
- We carefully assess the strength of a challenge or defence.
- We provide clear proportionality and cost-risk advice.
- We negotiate strategically when appropriate.
- We represent clients confidently in court when needed
- We approach will disputes with discretion and professionalism, recognising that these cases often involve sensitive family circumstances.
Meet our team
Discuss your situation with our will disputes solicitors.
If you have concerns about the validity of a will, or you are facing a challenge as an executor or beneficiary, obtaining advice at an early stage can make a significant difference.
Our will disputes solicitors will listen carefully to the circumstances, assess the legal position and provide clear guidance on the strength of your case and the options available.
Arrange a confidential discussion with our private client disputes team.
Frequently asked questions
Should I enter a caveat to prevent probate being granted?
A caveat is a legal notice filed with the Probate Registry to prevent a Grant of Probate being issued. It is typically used where there are concerns about the validity of a will and time is needed to investigate further. A caveat lasts six months and can be renewed. However, entering a caveat without proper grounds can lead to complications and unnecessary costs. Seek advice from solicitors who specialise in will disputes before taking this step.
What are ‘suspicious circumstances’ in a will dispute?
Suspicious circumstances arise where there are features of the will or its preparation that raise legitimate concern. This sometimes includes a significant departure from previous testamentary intentions, involvement of a beneficiary in the drafting process or concerns about the deceased’s health at the time of execution. In such cases, the court will likely require stronger evidence that the testator understood and approved the will. Identifying and analysing these issues early is central to managing risk in will disputes.
What happens if a will is declared invalid?
If a will is found to be invalid, the estate may pass under a previous valid will. If no earlier will exists, the estate will be distributed according to the intestacy rules. The financial and family consequences can be significant. Understanding the likely outcome is an important part of assessing whether to pursue or defend will disputes.
Who has the burden of proof in a will dispute?
In will disputes, the starting point is that the person propounding the will – usually the executor – must prove that it was properly executed and appears rational on its face. If someone claims the will maker lacked capacity or was unduly influenced, the challenger usually bears the burden, though strong opposing evidence can shift it. These cases are highly fact sensitive. A clear understanding of evidential burden is crucial before advancing or defending a challenge.
Who is entitled to challenge a will?
Only individuals with a legal interest in the estate may bring a challenge. This usually includes beneficiaries under the current will, beneficiaries under a previous will or those entitled under intestacy rules. Before pursuing will disputes, it is important to confirm both standing and legal grounds. Challenging a will without proper basis can be costly, so seek early advice from experienced will dispute solicitors.
Is there a deadline for contesting a will?
There is no strict time limit, but act quickly - it becomes much harder once the estate has been distributed. Evidence may become harder to obtain over time. For this reason, although there is no strict deadline, prompt legal advice is strongly recommended where concerns arise.
Contact us
Getting in touch couldn’t be easier. Use our form or call us to speak to an experienced solicitor in confidence.
Please note we cannot offer legal aid.