Get legal advice for challenging a will
There are many reasons why you might need expert help to contest a Will, and if you are still trying to understand a little more about how to contest a will, we have written a guide that we hope you will find useful. As experts in contesting Wills, we will be able to help, whatever your circumstances.
The Will might not be valid
To be valid, a Will must be in writing, be signed by the person making it, and be witnessed and signed by two other people. If you think a loved one’s Will doesn’t meet these criteria, then it might not be valid. There are other reasons why Wills might be declared invalid as well – our team can listen to your concerns and give you expert advice.
There was mental incapacity when the Will was written or amended
If a loved one suffers from dementia or some other illness affecting their mental ability, they might not be able to make decisions about their own affairs. If they made a Will during this time, you have every right to be worried. We can make investigations into their mental capacity at the time and provide you with advice about contesting the Will.
You feel someone was exerting undue influence
You might feel that someone put undue pressure on a loved one when they were making their Will. If so, you want to be sure that person doesn’t affect your own inheritance. Cases of undue influence can be difficult to prove, but we can look into your case to see if it is worth taking further.
Your loved one might not have known what they were signing
It’s all too easy to sign something without reading it properly. You may believe that your loved one signed a Will without fully understanding the contents or whom it benefits or excludes.
Are there any time limits that may affect my ability to dispute a Will?
The time limits that may affect your claim will depend on the type of claim you are looking to bring. Some claims have strict time limits, which may be as short as 6 months after a Grant is obtained from the Probate Registry. However, even if your claim is not subject to a strict time limit, you will want to make sure that the property you are claiming against remains safe and secure. For this reason, whatever the nature of your claim, we recommend getting in touch with us as soon as possible to protect your position.
Do you offer a free consultation
Yes. We like to consider each case before we meet with prospective clients. This aims to ensure that you do not need to pay for unnecessary fees, should we feel that there is not a case worth pursuing.
Please complete the enquiry form, or call us now, providing us with as much detail as possible. We will then aim to get back to you within 24 hours with a response. We are also happy to have a short no obligation phone conversation with you, in order to understand the case further and advise on the next steps to be taken.
How long will the dispute last?
Some can last just a few weeks, but others may, unfortunately, take many months to resolve. Whatever your circumstances, we take an active approach and look for practical solutions to help settle a case as quickly as possible. We’ll treat every case as sensitively and efficiently as possible, always focusing on the best interests of our clients. By aiming to settle your case well before trial, we’ll hopefully save you time, stress and money.
How much will the dispute cost and how will it be funded?
Once we have considered your case we can provide you with advice about the anticipated costs and the options of funding that are available. Your funding options may include:
- Funding the costs yourself
- funding the costs through your legal expenses insurer
- funding through a “no win no fee” agreement
Whatever your situation, we’ll make sure to keep you fully informed every step of the way. We try and settle just about every case before it comes to trial, which keeps costs to a minimum and ensures you have as much control over any agreement reached as possible.
The team are ranked in tier 1 by the independent legal directory The Legal 500 who comment that they combine a ‘proactive approach in seeking to resolve disputes’ with ‘a high level of expertise’.
“Amanda Noyce (Band 4) is head of the inheritance and trusts disputes department in Bath. An interviewee describes her as “very approachable and understanding,” adding: “I couldn’t recommend her highly enough. She is very thorough with her investigations and covers all angles.” Chambers, UK-wide
“Royds Withy King ‘achieves good results for its clients time and time again’. Amanda Noyce ‘is unflappable’ in Court of Protection applications involving mental capacity issues, as well as Inheritance Act, tax and professional negligence matters.” Legal 500, South West
Mike Muston is “highly recommended” by independent legal directory The Legal 500, who added that he “gives excellent and fair advice“. His team is also recommended by The Legal 500 as it “achieves good results for its clients time and time again.”
Calum Campbell has been recognised by Chambers and Partners UK as an Associate to Watch. According to an independent source “he is very thorough, commercially minded and pragmatic,” while another commends him for being an “extraordinarily approachable, down-to-earth and engaging man.”