Contesting a Will 

If you’ve been left out of a Will, or have been unfairly treated in terms of the amount of your inheritance, you may be able to make a claim against the estate.

Who can dispute a Will?

It varies from state to state, but some of the people who may be entitled to claim include people who had a relationship with the deceased such as:

  • wife or husband

  • defacto or same sex partner

  • former spouse or defacto partner

  • child, stepchild or grandchild

  • parent of a child of the deceased

  • parent, brother or sister

  • someone who was financially dependent on the deceased

  • carer of the deceased

This is a very general guide only so please contact us to discuss your particular circumstances.

What if I don’t believe the Will was valid?

You can challenge a Will if you believe that the will is a forgery or if the person lacked the mental capacity to make a Will. You can also challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved.

How do I make a claim?

First, contact a Solicitor, who can assess your claim and discuss the particular circumstances of your claim. If it’s worth continuing, we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents and make an offer to the executors. Many claims are settled through negotiation at this stage.

If the matter isn’t resolved then we can lodge documents with the court to initiate proceedings. We can still negotiate and in some cases mediation will be required by the court.

Failing all else, we will proceed to a court hearing wherein the evidence will be presented and the judge will make a decision.

We can help

At every stage of contesting or challenging a Will it’s important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to court we also have the skills to fight on your behalf.

To contact our Probate Solicitor please complete our form and we will get in touch or call us now free on 0800 524 4709 for a free telephone assessment and free case assessment.

BRIAN COULTER

Recent News

Reviews & Feedback

Contact Us

552 Harrow Road, London W9 3QG

Tel: 0203 7738 738 | Fax: 0207 2219 399 | Email: info@alexandershaw.co.uk 

  • Black Facebook Icon
  • Yelp
  • LinkedIn

Your data will not be disclosed to any third parties without your consent and will only be used for responding to your query.

For more information on how we use your data, you can read our Privacy Policy. 

Alexander Shaw is a trading name of Alexander Shaw Solicitors Limited which is a limited company registered in England and Wales with registered number 10995674. Alexander Shaw Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority number 643633.

Click to see our Privacy Policy and Disclaimer

© 2020 Alexander Shaw Solicitors Limited. All rights reserved

  • Wix Facebook page
  • LinkedIn Social Icon
  • Yelp Social Icon