Wills and Trust Dispute Solicitors

Looking to dispute a will? Our expert litigation team can help you, no-win, no-fee.

Losing a loved one is an emotionally challenging experience. When disagreements arise about the will and the estate, this can add to the emotions. At Holden Smith Law, our will dispute solicitors can help bring a swift resolution to any disputes that arise.

If you seek legal advice after someone leaves you out of a will, Holden Smith Law can help. Our solicitors have years of experience assisting individuals and families to contest the contents of a will or estate.

Speak to our will dispute and contentious probate team today. Call our Leeds or Horsforth offices or complete our online enquiry form to arrange for a member of our team to call you back.

What is Contentious Probate

Contentious probate is the legal term used when a dispute arises between two or more parties over the contents of a will or estate left by a loved one.

Our contentious probate services include:

  • Will disputes

  • Inheritance Act claims

  • Being left out of a will

  • Trust Disputes

  • Challenging the validity of a will

  • Challenging estates without a will

  • Defending a contested will

Why do people contest a will?

People may contest a will if they feel they have been excluded from an estate after a loved one passes away. Legally, they can bring a claim against a will if they meet one of the following grounds to contest:

  • Undue Influence – When an individual or group of individuals applied pressure or dominance over the deceased, sometimes known as the testator, before their passing to make the will in their favour.

  • Lack of knowledge – This occurs when the person who wrote the will did not understand it or did not approve of it. This is when the testator had some form of impairment that affected their ability to check their will.

  • Lack of mental capacity – If the person who has recently passed did not have a sound mind because of conditions such as dementia, brain injury, or severe learning disabilities, which would have affected their decisions when writing or amending their will.

  • Will not executed properly – If the testator has not signed the will or if it was not witnessed by two individuals, then it may be invalid. The estate will then be distributed in accordance with the rules of intestacy.

  • Fraud or forgery – If there is suspicion that the will has been tampered with, or if someone has forged a copy.

With death sometimes being sudden, this may mean that those people may pass without a will in place. If there is no will in place, then you may be able to make a claim.

How Holden Smith Law Can Help.

At Holden Smith Law, our will dispute and contentious probate team has over 20 years of experience helping. Our experience and understanding of the law enable us to ensure a smooth claim process and the best possible outcome for you.

All potential clients will receive a 30-minute free initial consultation with a member of our team. If you are eligible, we can take your case on a no-win, no-fee basis. Meaning that if your case is not successful, you will not have to pay any legal fees.

Our team operates in Horsforth and Leeds. However, we assist clients across England and Wales, including Yorkshire and Greater Manchester. As a client, you will have access to our app, which provides you with 24/7 updates on your case. The app will also allow you to upload documents and send them to our will dispute solicitors.

Our Contentious Probate Team.

Frequently Asked Questions.

How long does it take to dispute a will?

The time it takes to dispute can vary, ranging from a few months to several years. This is all dependent on factors such as the size of the estate, the speed at which the other side is seeking, and the number of parties involved.

Who can dispute a will?

Anyone known to the testator who would benefit from an earlier will would be able to make a claim/raise a dispute. This includes family members such as spouses or civil partners, children and grandchildren.

How much does it cost to contest a will?

The cost of contesting a will varies, depending on how long your case takes to complete. However, you may be eligible to have your case taken on a no-win, no-fee basis. To determine if you are eligible, please contact our team.

Are there time limits to contest a will?

If you are contesting a will based on a claim under the Inheritance Act 1975, then you have six months to begin your claim from the date of the issuing of the Grant of Probate. For other claims, there is no time limit; however, we recommend that you begin your claim as soon as possible. If you delay your claim, the court may grant probate, which will make it harder to contest.

How do I get a copy of the will?

The best way to obtain a copy of the will is to ask the executor for a copy of the testator's will. Failing that, you will need to pursue other methods of getting a copy of a will. These other methods can be found on our blog.

Will I have to go to court?

Going to court can be an emotional process, and we will always work to ensure that your case does not require a court appearance. We will utilise litigation methods to seek a resolution without involving the courts. However, depending on the situation, your legal challenge may go to court. In this situation, we will be by your side throughout.

Contact Us.

Get in touch. 

If you are seeking to contest a will or make a claim against an estate where there is no will, contact our will dispute and contentious probate team. Simply call our Leeds or Horsforth office or complete our online enquiry form.