If you’re deciding to contest a Will, there are a few practical things worth considering before you take the next step.
Before challenging a Will or the intestacy rules if there is no Will, it’s important to get a clear picture of the deceased’s assets and debts. Estates are rarely simple, and it’s easy to miss key details early on.
One of the first things to check is whether a Grant of Probate (or Letters of Administration if there is no Will) has already been issued. Grants are listed on the government’s probate search website and can usually be accessed online.
There are different types of Grants, so it’s a good idea to get advice on what any Grant actually means for you.
It’s also helpful to understand who the executors or administrators are (called the personal representatives) and what they intend to do with the estate. If a dispute might be on the horizon, getting in touch early and keeping communication open can sometimes save time, stress and legal costs.
Our Contentious Probate Lawyers share their top tips for contesting a will below.
1. Have you seen the Will?
Until it’s sent to the Probate Registry, a Will is a private document.
Once Probate has been granted, it becomes public and can be downloaded online along with the Grant.
The current cost of downloading copies is £16.
Before that point, you’ll only be able to see the Will if the executor agrees to share it.
This is because the original Will stays under the executor’s control until Probate is issued.
It’s really important to understand what the Will says before thinking about making a claim.
Families often worry or speculate about what’s in a Will without having seen it, which can cause unnecessary anxiety.
There’s also no requirement for a Will to be formally “read out” by a solicitor.
You should also check whether you’ve seen the original Will or just a copy.
Only the original can be submitted for Probate, so knowing where it is matters.
If you’ve only seen a copy, be cautious; the Will may have been changed or replaced at a later date.
Wills are mostly written in quite technical language, so it’s completely normal to find them confusing.
A solicitor can help explain what it means for you, help you obtain a copy, and advise whether you might have grounds to bring a claim.
2. Move Quickly and Protect Your Position
If you’re looking into a potential claim, it’s often important to stop a Grant being issued too soon. Once a Grant is in place, the executor can start distributing the estate — which isn’t ideal if your concerns still need to be investigated.
One way to do this is by entering a Caveat with the Probate Registry. A Caveat flags that there’s a potential dispute and prevents a Grant from being issued. It can be done online on the Probate Registry website, usually straight away, and without having to notify anyone else.
The current cost of entering a Caveat is £3.
You do need to have a valid interest in the estate for a caveat to be effective, and a solicitor can advise you on this.
A caveat lasts for six months and can be renewed if needed.
Acting quickly is also important because some claims have strict time limits, including:
- Inheritance Act claims – within six months of the Grant
- Rectification claims –within six months of the Grant
- Challenges to the validity of a Will – no fixed time limit, but earlier is always better
- Claims based on deeds or trusts – up to 12 years
Getting advice early can help you avoid missing any key deadlines.
3. What did the deceased have to leave?
When someone dies, everything they own and owe makes up their ‘estate’.
The value of the estate depends on what’s left once debts, taxes, funeral costs and other expenses have been paid.
Every estate is different.
Some have a lot of cash but few assets, while others may mainly consist of property. If property is involved, it’s important to check whether it actually forms part of the estate.
Simple Land Registry searches can help confirm property ownership. If a property was owned jointly, extra care is needed, as jointly owned assets don’t always pass under a Will.
Understanding what’s included in the estate is often key when deciding whether it’s worth bringing a claim at all.
A solicitor can help you assess this early on.
4. What About Legal Fees?
Probate disputes can be legally complicated and often come at a very emotional time. Worrying about legal costs on top of everything else is completely understandable.
The good news is that many contentious probate claims settle before reaching court, which helps keep costs down. Even so, it’s important to understand your funding options from the outset.
A solicitor should clearly explain costs and talk you through the different ways a case might be funded. This could include fixed fees, no win–no fee arrangements, deferred fees or hourly rates, depending on your situation.
Other Considerations
You may also want to think about:
- How much the estate is worth and when assets were last valued
- Whether there are mortgages or other outstanding liabilities
- Where the assets are located, especially if any are outside England and Wales
- Whether properties are occupied or rented, and on what terms
- Whether any assets have passed outside the Will
- The impact of tax reliefs and exemptions
How To Contest a Will
Contact Our Contentious Probate Team
If you need legal add regarding any aspect of contentious probate, such as how to challenge a Will, our contentious probate experts can help:
01619414000
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Lisa Birrell
Paralegal
Lisa is a Paralegal in our Probate Litigation team and has been with Myerson since 2016. She began her career at Myerson as a PA in the Litigation team before moving to a newly formed three-person team, which has since expanded into the Probate Litigation team, now comprising 17 members.
Lisa began studying Law with the Open University in 2014 and furthered her professional development with CILEx from 2017, gaining qualifications in Probate Practice and Civil Litigation in 2019. In the same year, she was promoted to Probate Litigation Paralegal within the Contentious Trusts and Probate Team.
Her role involves attending court hearings and mediations, preparing trial bundles, and drafting summons and subpoena documents.
She is also the ‘gatekeeper’ for limitation dates, responsible for registering Caveats and Standing Searches, as well as handling extensions and renewals.
Lisa’s work includes legal research, dealing with Warnings to Caveators, drafting appearances, and liaising with the Probate Registry.
In addition, she works closely with clients and their families, as well as external agencies including courts, counsel, clerks, mediators, hospitals, and GP practices.
Known for her empathetic approach, Lisa prides herself on her attention to detail, strong organisational skills, and commitment to keeping clients well-informed throughout their matters.