Can I contest a Will without legal help?

Answer

The short answer is yes, it is possible to contest a Will without legal help. However, while there are no legal requirements to instruct a solicitor to either contest or defend a Will in the UK, it can be a very complicated, evidence-based process and having an expert Contentious Probate Solicitor in your corner could help strengthen your case.

How to Contest a Will?

To contest a Will in the UK, you’ll first have to determine what grounds you have for contention - i.e. what your argument is and if you can provide evidence. 

This might include the Will not meeting all the formal requirements, such as: being properly signed and witnessed, the Will maker (or testator) not fully understanding what they were agreeing to at the time of its creation, or if the Will maker was forced/coerced to sign something they didn’t agree to (or their signature was forged all together). You’ll also need to have a good understanding of the Wills Act 1837.

For more information on the grounds for contesting a Will, you can visit our blog on ‘Is it worth contesting a Will’.

Once you’ve established your grounds for contention, you’d then have two options:

Resolve the Dispute

If it's possible and you think the other party (or parties) could be amicable, you could try to resolve the dispute through mediation or other dispute resolution methods. This can often be a quicker and more cost-effective way of resolving your dispute, however, if an agreement can’t be reached it must then be taken to the court.

Submit a Claim

If you think you have a claim, or the solicitor you’ve instructed agrees, you can then draft and submit your N2: Contest a Will form to the Probate Registry Office either online or by post. This is known as a Caveat, which prevents a Grant of Probate from being issued so no assets can be shared.

If the Grant of Probate has already been requested, you can still file a ‘warning’ to let the courts know you plan to dispute the Will, giving you (or your solicitor) more time to gather the evidence and paperwork necessary. 

It’s important to understand just how complex and emotionally challenging it can be to contest a Will. If you consult a specialist Contentious Probate Solicitor, they will handle all of this paperwork on your behalf and ensure it’s sent with the required documents and evidence to support your claim.

Why Use a Solicitor to Contest a Will?

Accessing Evidence

It can often be difficult to know exactly what evidence will support your claim and be persuasive for the courts. What makes matters more difficult is when some organisations or institutions (like banks or hospitals) refuse to hand the evidence to an individual.

Solicitors, however, understand how the system is set up and how they can access that information legally to strengthen your case. 

Previous Experience or Access to Cases

Most Will disputes are handled privately, which means it can be very difficult for an individual to access information about previous cases (such as what persuaded the court or what didn’t work).

Solicitors have access to a far more robust legal database, allowing them to access other relevant case records and, where necessary, make reference to them to strengthen your dispute.

Potential Costs

While many understandably avoid using a solicitor due to the costs involved, the financial risk of representing yourself at a trial can be far greater.

If you don’t seek advice as early as possible and become unsuccessful at a trial, you might be ordered to pay the other side’s legal costs which can sometimes be quite significant. Liaising with a solicitor early in the process can mitigate this risk altogether.

Contentious Probate Legal Expertise

The passing of a loved one is already a highly emotional time, and contesting their Will can only make things worse. Instructing an experienced legal expert who is familiar with the law surrounding valid Wills can provide you with more objective advice and give you a more realistic evaluation of your chances of success.

For more information or advice, contact GloverPriest’s expert Contentious Probate Solicitors.