Challenging a Will

If you believe that there is something wrong with a Will or that you have been unfairly denied an inheritance then you may have grounds to make a challenge.

It is possible to challenge a Will itself or make a claim under Inheritance (Provision for Family and Dependants) Act 1975 if you believe you should have been provided for.

Disputes over Wills often occur between family members and come at a time which is already stressful for all concerned. Despite this it is important for you to seek legal advice as soon as possible and ORJ’s specialists will be happy to help.
You may be able to take action if a Will;

  • Is invalid
  • Was written under undue influence
  • Was written by a person without capacity
  • Was forged

If you believe that you have been left out of a Will unfairly you may be able to challenge this under the Inheritance (Provision for Family and Dependants) Act 1975. Certain family members and others who were financially dependent upon the deceased may be entitled to claim reasonable provision.

Whether you qualify to bring a claim under the 1975 Act and the amount to be claimed depends upon all of the circumstances. At ORJ our specialist solicitors will be able to quickly establish whether you can bring a claim and what level of provision you could claim.

It is important to seek advice as soon as possible as there are strict time limits in place to challenge a Will. Under normal circumstances a claim must be brought within six months of a grant of probate, after this point a claim is unlikely to be able to proceed – except in exceptional circumstances.

At ORJ we are able to offer an initial consultation, without obligation. If we believe that you have grounds to make a claim we can discuss funding options with you. If your claim has good prospects of success we may be able to offer a no-win-no-fee agreement.

For further information on please call us on 01785 223440 for an initial consultation.