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Our Services
Challenging a Will
Our compassionate and experienced team can help you through the hard process of challenging a Will.
Reasons For Challenging a Will
Losing a loved one is already a tough and emotional time, and challenging a Will can be a difficult decision; such disputes focus on the validity of the Will. Here are some typical reasons why you may wish to contest a Will:
Mental Incapacity
When drawing up a Will, the person who made the Will must be mentally capable at the time they give instructions. If they lacked mental capacity, then the validity can be contested.
Get In TouchUndue Influence
If the person making the Will has been pressured to change it or to create a benefit for someone else, then the validity may be challenged.
Get In touchFraud
If someone else has prepared and/or executed the Will on the deceased’s behalf, then this would constitute fraud or forgery, and the Wills validity can be challenged.
Get In TouchWill is Executed Incorrectly
There are strict rules that apply when executing a Will; for example, two witnesses must be present on the execution of the Will. If any of these strict rules are broken, the Will has been incorrectly executed, and therefore, its validity may be challenged.
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With over 30 years of experience. We can assist you with your dispute.
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How do I Contest a Will?
Dealing with a loved one’s Estate after their passing is never easy. However, it may be necessary to contest a Will for the reasons highlighted above.
We can advise you as to whether a challenge can be made and the steps required to challenge the Will successfully. This will almost certainly include, where appropriate, contacting those who prepared the Will on behalf of the deceased.
It is often appropriate to make what is known as a Larke V Nugus request to ascertain the circumstances in which the Will was prepared, and this often will form the basis of the advice we give.
Often, this is the first step to ensure there is a valid reason to contest the Will. In summary, the main reasons for contesting a Will are:
- Mental incapacity
- Under pressure or influence
- Fraud
- Will is executed incorrectly
Anyone can challenge a Will, but it is important to contest it for the right reasons.
If the challenge is successful, the Will could be declared invalid. Any valid previous Will would then be used to distribute the Estate. If there is no prior Will, the Estate would be distributed under the Intestacy rules.
If you feel you have grounds to contest a Will, we advise you to seek legal advice immediately.
So, if you’re wondering, “How do I contest a Will?” our experienced team is here to guide you through the process with expert advice and compassionate support.
Our Approach To Challenging A Will
What makes us unique is our approach to challenging a Will. We are client-focused and approachable. We recognise that these disputes often involve complex family dynamics, and, where possible, we will aim to resolve matters whilst respecting those important relationships, and ultimately ensure they are resolved to meet your expectations.
STEP 1
Case Assessment
We start with a thorough assessment of your case to understand the details and determine the strength of your claim in challenging a Will. This includes gathering all relevent information and evidence, allowing us to form a clear and informed view of your prospects and the most appropriate approach.
STEP 2
Rigorous Preparation
After evaluating your case, we focus on building a strong case for your challenge. This involves collecting any necessary documentation, consulting experts if needed, and developing a strategy tailored to your specific circumstances.
STEP 3
Strong Representation
With thorough preparation in place, we provide strong legal representation in challenging a Will. Whether challenging a Will’s validity, claiming undue influence, or arguing that you have been unfairly left out, we guide you through negotiations, mediation, or court proceedings.
We aim to resolve matters through negotiations, mediation or alternative dispute resolution where possible. When court proceedings become necessary, we handle them with expertise, and a focus to managing costs effectively.
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Our approach to handling contentious probate disputes involves a thorough evaluation of the case, diligent preparation, and robust representation.
Our Accreditations
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Our Accreditations
“Great service, expert in his field.”
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Mr C | Wetherby “Great service with a no-nonsense honest approach to your needs. High level highly experienced solicitors so you know you’re in immensely capable hands. Happy to recommend and to continue engaging.”
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Ms B | Leeds “…I am very confident in you and happy that I chose [Steven]. I know you can be a great help to me…”
Ms F | Leeds
“…I have been truly impressed by your kindness and empathy within the legal department. [Steven has] a remarkable ability to understand and support others through their difficulties…”
Anonymous
“Navigating legal complexities can be daunting, but finding the right support makes all the difference. Expert advice and unwavering support provided clarity during a challenging time. The firm’s dedication and professionalism were truly invaluable. Stevens commitment to clients is evident in every interaction. I wholeheartedly recommend their services to anyone seeking exceptional legal guidance.”
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Anonymous “
Steven is a top litigator who provides sensible help & advice.
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Anonymous “
I approached Thomas Harvey with some intrepedation knowing that you were a large practice.
Your customer care quickly eradicated my concern…In sum you listened and applied your considerable legal skills in a committed manner to help your client and one cannot ask for more. As for your charges you provided detailed records to a standard something I have never experienced before. That said, perhaps the word which best applies is exceptional. I would also add that the support provided by Lucy was equally exceptional.
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Anonymous
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With over 30 years of experience, we’re committed to delivering exceptional results for you.
Contact us today to talk to one of our expert team – we’re here to help!
