Will disputes can be challenging and emotionally taxing.
Whether you are dealing with family will disputes, contesting a will after probate or facing contentious probate issues, our experienced solicitors are equipped to handle every aspect of your case. At Walker Foster, we understand that will-related disputes can deeply affect families and lead to significant emotional and financial stress. Our team of expert will disputes solicitors is here to provide clear, professional and compassionate guidance during this difficult time.
Will disputes in the UK often arise from disagreements over the validity of a will or the distribution of estate assets. Our specialist team will help you understand your rights, whether you are questioning the mental capacity of the person making the will or dealing with allegations of undue influence. With our expert legal advice, we aim to resolve matters swiftly and effectively, minimising the impact on you and your loved ones.
At Walker Foster, we prioritise your peace of mind. Our approach to contentious probate is rooted in transparency, professionalism and a deep understanding of the probate process. We strive to ensure that every will is properly executed and that all beneficiaries receive reasonable financial provision. Trusted by generations, we are committed to offering personalised legal support to help you resolve your will dispute efficiently and effectively.
Contact us today to learn how we can assist you with your will dispute. Our friendly and professional team is here to guide you through the legal complexities and help you achieve a fair resolution.
At Walker Foster, we understand that will disputes can arise from various circumstances, and deeply affect families when this happens. Our experienced solicitors specialise in handling all aspects of will disputes, ensuring your concerns are addressed with sensitivity and expertise.
We offer comprehensive legal advice and representation across a number of key areas, including:
At Walker Foster, our approach is rooted in providing you with the support and information you need to make informed decisions. We are committed to resolving will disputes with minimal stress and disruption to your life, always prioritising your best interests and those of your family.
Contesting a will is a serious legal action that can be based on several grounds. Understanding these grounds is crucial for determining whether you have valid cause to seek legal advice and make a claim.
Here are the most common grounds for contesting a will:
Understanding the grounds for contesting a will is essential for building a successful claim. At Walker Foster, our contentious probate team has extensive experience in dealing with all these grounds and can provide the specialist advice and representation you need.
Not everyone has the legal standing to contest a will. We can provide expert advice on whether you have the right to challenge a will and the grounds on which you can do so.
Individuals who can challenge a will include:
Determining who can challenge a will and on what grounds requires careful legal assessment. Contact us today to discuss your situation and learn how we can assist you with your will or inheritance dispute.
Contesting a will involves a structured legal process that requires careful navigation and expert legal advice. At Walker Foster, our will disputes solicitors are here to guide you through every step of contesting a will, ensuring that your case is handled with the utmost professionalism and sensitivity.
Contesting a will can be a complex and emotionally draining process, but with the support of Walker Foster's specialist team, you can get through this challenging time with confidence. Our solicitors provide clear, expert legal advice and robust representation, ensuring that your case is presented effectively at every stage.
At Walker Foster, we prioritise a pragmatic and sensitive approach to resolving will disputes. Our contentious probate team understands the emotional and financial stress involved in these matters and is dedicated to achieving fair and timely resolutions.
We understand that each will dispute is unique. Our solicitors provide tailored legal advice, taking the time to understand your specific situation and the complexities involved. We strive to ensure that you are fully informed and confident in your legal options, maintaining clear and open communication throughout the process.
Whenever possible, we encourage mediation and negotiation to resolve disputes amicably. This approach can save time, reduce legal fees, and minimise the emotional impact on family members. However, if mediation and negotiation do not result in a resolution, our team is highly experienced in managing court proceedings, and we will provide robust legal representation to make sure that your case is presented effectively and your interests are protected.
We will always provide clear guidance on the costs involved in contesting a will, including information on conditional fee agreements, legal expenses insurance and funding options. We aim to offer cost-effective solutions while ensuring the highest quality of legal service.
Perhaps most importantly, we recognise the emotional toll that will disputes can take. Our team offers compassionate support, helping you navigate the stress and uncertainty of the dispute process with sensitivity and care. Our goal is to achieve fair and just outcomes for our clients, preserving family relationships wherever possible.
Choosing the right legal partner is essential when dealing with will disputes and contentious probate matters. Walker Foster stands out with our unwavering commitment to providing personal, empathetic and professional legal services, making us the best choice for your will dispute needs.
With a heritage that stretches back to 1919, our firm has long been a trusted part of the local communities we serve. Operating from offices in Skipton, Barnoldswick, Silsden, Settle, Ilkley, Northallerton and Harrogate, we bring a nuanced understanding of both the local and broader legal landscapes to every case. This local expertise, combined with our comprehensive knowledge of UK will disputes, positions us uniquely to offer effective and relevant legal solutions.
Our team of will disputes solicitors and contentious probate solicitors are fully regulated by the Solicitors Regulation Authority (SRA), and we have a proven track record of achieving successful outcomes for our clients. Trust us to handle your will dispute with the expertise and compassion that have made us a trusted legal partner to our clients and local community for over a century.
Whether you are dealing with will disputes, inheritance disputes or estate disputes, we are here to help. Our expert legal team will guide you through the complexities of the probate process and ensure that your interests are protected.
Contact our legal experts today to discuss your will dispute, and get the legal advice and support you need during this challenging time.
Walker Foster offered legal advice and personal support to a client who was responsible for administering and executing an estate, helping him to claim an Inheritance Tax (IHT) refund that left the beneficiaries of the will almost £50,000 better off.
Walker Foster’s contentious probate specialists have successfully settled a challenge to a will at mediation, saving our client £325,000. The settlement allowed our client to avoid court proceedings and enabled his father’s estate to finally be administered.
Luca received his LL.B Law Degree with honours from the University of Derby and has been a Fellow of the Chartered Institute of Legal Executives since 2021, specialising in Litigation and Dispute Resolution.
Luca is passionate about helping clients to resolve their legal disputes in a time and cost-effective manner. He prides himself on quickly being able to identify the issues in dispute and the scope for settlement in each of his cases. By working closely with his clients to understand each dispute and to understand what each client is looking to achieve, this allows Luca to focus on arguing his clients’ cases robustly, yet he is always reminded to try settle each matter at all stages to avoid protracted and costly court proceedings.
Luca provides a tailored service to all of his clients by working in a way that suits their personalities and the nature of their case. He enjoys working in Litigation and Dispute Resolution because its varied nature allows him to practice in many interesting areas of law.
Luca is half Italian but grew up in East Yorkshire and has spent his career practicing in Yorkshire. Prior to working in Litigation and Dispute Resolution, Luca worked in Conveyancing and gained a solid grounding in non-contentious land matters that has proved to be of great assistance to him when dealing with contentious land matters. Out of the office Luca is always perfecting his pizza skills and he can be found exploring the Yorkshire Dales with his two Siberian Huskies.
The timeframe for contesting a will is critical, as strict deadlines apply. Missing these deadlines can result in losing your right to challenge the will.
Acting promptly can help prevent the estate from being distributed according to the contested will, making it easier to address your claim. Timely action also allows for better collection of evidence and witness testimonies, which are crucial for building a strong case. While courts may grant extensions in certain cases, it is not guaranteed. As such, early action increases the likelihood of your claim being heard.
Obtaining a copy of a will is a crucial step in understanding its contents and determining if there are grounds for contesting it. There are various ways of securing a copy:
If probate has not yet been granted, the will is not a public document, and obtaining a copy can be more challenging. In such cases, you may need to seek legal advice to understand your rights and the best way to proceed. Sometimes, it may involve writing to the executor or the solicitor who holds the will, requesting a copy.
Certain individuals, such as the deceased's spouse, civil partner, children and other close relatives, typically have the right to view the will. If you fall into one of these categories, you should be able to obtain a copy.
Seeing the will helps you understand how the estate is to be distributed and whether you have been adequately provided for. It also allows you to identify any irregularities or grounds for contesting it, such as undue influence or lack of testamentary capacity. Having a copy of the will should be considered essential for your solicitor to provide accurate and informed legal advice.
It is possible to contest a will after probate has been granted, although it can be a more complex process. Time is of the essence when contesting a will after probate; the sooner you act, the better your chances of successfully challenging the will.
You will need to take the following actions:
If the estate has already been distributed, recovering assets can be more complicated. The court may need to order the return of distributed assets or compensate from remaining estate assets. This is why it is vital to seek legal advice at the earliest opportunity.
Determining whether someone had the capacity to make a will is a crucial aspect of contesting a will. The person making the will must have understood the nature of the document, the extent of their estate, and the claims of those who might expect to benefit.
To have testamentary capacity, a person needs to fulfil the following criteria:
They must have understood that they were making a will and the effect of the document. This includes knowing that the will disposes of their property upon death.
They should have a general understanding of the nature and extent of their estate. They do not need to know every detail, but they should have a reasonable appreciation of their assets and liabilities.
They must be aware of the people who might reasonably be expected to benefit from their estate. This includes recognising their obligations to dependants and potential beneficiaries.
They must not suffer from any delusions that influence their decisions regarding the distribution of their estate. Any mental disorder that affects their understanding can be grounds for contesting the will.
Contesting a will on the grounds of lack of testamentary capacity requires thorough investigation and expert legal guidance. At Walker Foster, our contentious probate team is experienced in handling such cases and can provide the support and representation you need.
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