Contesting a Will Solihull
We aim to remove the stress of this process whilst still 'fighting your corner'
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Discovering that a Will does not reflect what a parent, spouse, or close relative actually wanted can be deeply unsettling, especially when the person who could explain their reasoning is no longer here to ask. Perhaps the Will was changed shortly before death under circumstances that feel wrong, or a family member who cared for the deceased for years has been left out entirely while someone more distant benefits. These situations raise difficult questions, and getting the right advice quickly matters, both legally and emotionally.
At Pearcelegal Solicitors, we help beneficiaries, family members, and dependants across Solihull and the West Midlands understand whether they have a legal basis to challenge a Will under the law of England and Wales, and what a realistic outcome might look like. We know that most people bringing these enquiries are not looking for conflict for its own sake. They want to understand whether something has actually gone wrong, and if so, what can be done about it, without being drawn into a lengthy dispute that costs more than it resolves.
Contesting a Will is not a decision to take lightly, and we are honest with clients from the outset about the strength of their position. Some enquiries reveal a solid legal basis for a claim, whether that involves the deceased's mental capacity at the time of signing, undue pressure from another family member, or a failure to follow the formal signing requirements. Others reveal understandable disappointment rather than a legal claim, and we say so clearly rather than encouraging a dispute that is unlikely to succeed.
Because Pearcelegal has worked within the Solihull community for over 40 years, we appreciate how these disputes affect families beyond the immediate legal question. Siblings who have to sit across a table from each other after a parent's death, or a blended family working out entitlements between children from different relationships, need advice that takes account of the relationships involved, not just the strict legal position. We help you weigh the emotional cost of a dispute alongside the financial one.
You will work with a solicitor who explains the process clearly at every stage, from an initial assessment of your position through to negotiation, mediation, or, where necessary, court proceedings. We keep you updated on timescales, costs, and realistic prospects throughout, so you are never left wondering what happens next or facing a difficult decision without proper guidance.
If you believe a Will does not reflect a loved one's true wishes, contact Pearcelegal on 0121 270 2700 today to arrange a free 30 minute consultation with a solicitor. You can also fill in our contact form.
Our Will dispute services
We assist beneficiaries, family members, and dependants across Solihull and the West Midlands with a broad range of contentious probate services, including:
- Assessing whether you have genuine grounds to contest a will
- Advising on claims based on lack of testamentary capacity
- Advising on undue influence, fraud, and lack of valid execution
- Bringing claims under the Inheritance (Provision for Family and Dependants) Act 1975
- Lodging a caveat to prevent a grant of probate being issued
- Negotiating settlements between disputing family members
- Representing you in mediation or alternative dispute resolution
- Advising on court proceedings where a dispute cannot be resolved otherwise
Every enquiry begins with an honest assessment of the five recognised grounds for challenging a will: lack of testamentary capacity, lack of valid execution under the Wills Act 1837, lack of knowledge and approval, undue influence, and fraud or forgery. We explain which, if any, apply to your circumstances and what evidence would be needed to support a claim.
Where a claim does not fit those grounds, but you were financially dependent on the deceased, we also consider whether a separate claim is available for reasonable financial provision. We explain the time limits that apply to each type of claim clearly from the outset, since some deadlines are considerably tighter than others.
Why choose Pearcelegal?
- Families dealing with a Will dispute want honest advice, not encouragement to litigate regardless of the merits. Pearcelegal has advised Solihull families on contentious probate matters for over four decades, and we tell clients plainly when a claim is unlikely to succeed.
- You deal directly with the solicitor handling your matter, who takes the time to understand the family relationships behind the dispute, not just the legal technicalities.
- We respond promptly to new enquiries, usually within 24 to 48 hours, because Will disputes often involve tight deadlines, particularly around lodging a caveat or bringing a claim under the Inheritance (Provision for Family and Dependents) Act 1975.
- We agree clear costs arrangements before proceeding, so you understand the financial commitment involved in pursuing or defending a claim before you decide how to proceed.
- Our long history in Solihull means we understand the local community and the family relationships that often sit behind these disputes, helping us give advice that is realistic as well as legally sound.
Get in touch
If you believe a Will does not reflect a loved one's true wishes, contact Pearcelegal on 0121 270 2700 today to arrange a free 30 minute consultation with a solicitor. You can also fill in our contact form.
Frequently asked questions
Can you contest a Will after probate has been granted?
While it is possible to contest a Will after probate has been granted, for practical reasons, it’s better to contest the Will before probate is granted. If you are planning to contest a Will, it’s important to act quickly as time limits do apply.
Can you contest a Will if you were left out?
You may only contest a Will if you have legal grounds to do so. However, if you were financially dependent on the deceased and their Will does not make “reasonable financial provision” for you, you may succeed in contesting the Will.
Can a family member contest a Will?
A Will can only be contested by a family member such as a spouse or child. It can also be contested by those mentioned in the current Will or in a previous Will.
Do you offer fixed fees for Will disputes?
For an initial assessment of your position, we typically agree a fixed fee, and for later stages we provide clear estimates, so you understand the likely cost before deciding how to proceed.
What evidence is needed to prove undue influence?
Proving undue influence typically requires witness statements, correspondence, or medical evidence showing the testator's free will was overborne, since English law does not presume undue influence and the burden of proof rests with the person alleging it.
Can contesting a Will damage family relationships permanently?
It can, though many disputes are resolved through negotiation or mediation rather than contested court proceedings, and a considered approach that acknowledges the relationships involved can help preserve some common ground even where a dispute is unavoidable.
Can a Will still be contested after probate is granted?
Yes, a Will can still be contested after probate has been granted, though claims become more complicated once assets have started to be distributed, which is why acting before the grant is issued is usually preferable.
Can I contest a Will if I was simply left out?
Being left out of a Will is not on its own a ground to contest it, unless one of the five recognised grounds applies or you were financially dependent on the deceased and can bring a claim for reasonable financial provision.
What is a caveat and how does it help?
A caveat is a formal notice lodged at the probate registry that prevents a grant of probate being issued while a dispute is investigated, remaining in place for six months and renewable if needed.
How long do I have to bring a claim?
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must generally be issued within six months of the grant of probate, while claims challenging a will's validity have no fixed statutory deadline but should still be brought promptly.
What grounds exist for contesting a will?
Five recognised grounds exist for challenging a Will in England and Wales: lack of testamentary capacity, lack of valid execution, lack of knowledge and approval of the contents, undue influence, and fraud or forgery, each requiring specific supporting evidence.
Our specialists in Contesting a Will
Stephanie Howard
Director, Solicitor and Head of Department for Family and Litigation
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