Disputed Wills & Estates

Losing a loved one is one of the most difficult things any of us have to go through. The grieving process can be made all the more difficult when there is a dispute over a Will.

Can I contest a Will?

You can contest a Will if it is invalid for one of a number of formal reasons, or if you feel you have not been sufficiently provided for (if at all), you may consider making a claim for financial provision.

How do I contest a Will?

Claims usually begin with correspondence between the parties and their lawyers. This first stage is often key to success. Early assessment of the strengths and weaknesses of your claim and that of the other party, together with early disclosure of evidence can often help resolve disputes. We would always advocate mediation as an alternative to going to Court – it can bring about a resolution more quickly, more cheaply, and potentially in circumstances that enable the parties to reconcile their differences. In our experience, many cases are settled within 12-18 months.

Will I be liable for legal costs?

In most cases each party will be responsible for their own legal costs during litigation. At the end of the case a Judge will decide which party should pay the cost of the litigation. The losing party will often have to pay the costs of both parties (subject to some exceptions) although on some occasions costs are paid from the estate.

The potential liability for costs and various funding options are matters that our team will discuss with you at the outset, so that you decide whether to proceed with or defend a claim. We will provide a detailed estimate of our charges and our staff are committed to providing quality advice at all times.