Contesting a will is a serious matter that requires careful thought and professional advice. This guide covers the key points of challenging a will in Cardiff, Wales, including grounds for contestation, process, time limits and practicalities.
When to Contest a Will
Reasons to Contest
You may have grounds to contest if:
- The deceased didn’t have mental capacity when they made the will
- The will was made under duress or coercion
- The will contains fraudulent elements or was forged
- The deceased didn’t have knowledge and approval of the will’s contents
- The will wasn’t executed properly according to the law
- You’ve been left out of the Inheritance Act
Who Can Contest a Will
- Beneficiaries named in the will or previous wills
- Spouses, civil partners and children of the deceased
- Anyone who lived with the deceased as a spouse/civil partner for 2 years before death
- Anyone financially dependent on the deceased
- Anyone who would inherit under intestacy rules
Grounds to Contest
1. Lack of Testamentary Capacity
The deceased had to have had the mental capacity to understand:
- What making a will means
- What their property is
- Who the potential beneficiaries are
- The effect of including or excluding certain beneficiaries
Evidence might include medical records, witness statements and expert medical opinions.
2. Undue Influence
This is when someone improperly pressures the deceased to make or change their will. Signs include:
- Sudden changes to the will benefiting one person
- The influenced person being isolated from family/friends
- The beneficiary being present when instructions were given
- The deceased being in a vulnerable state
3. Fraud or Forgery
This is when you can prove:
- The signature was forged
- The deceased was deceived about the will’s contents
- False information was given to influence the will
4. Lack of Knowledge and Approval
The deceased had to have known and approved of the will’s contents. This can be questioned if:
- The deceased had visual impairments
- The will was prepared by someone who benefits significantly
- There are unusual or unexpected provisions
5. Improper Execution
Under the Wills Act 1837 a will must be:
- In writing
- Signed by the testator* Witnessed by two independent witnesses who sign in the testator’s presence
6. Inheritance Act Claims
Under the Inheritance (Provision for Family and Dependants) Act 1975 you may claim reasonable financial provision if you’re:
- A spouse or civil partner
- A former spouse/civil partner who hasn’t remarried
- A child of the deceased
- Someone treated as a child of the family
- Someone maintained by the deceased
Time Limits – Critical Information
Caveats
- Must be filed before probate is granted
- Valid for 6 months (can be extended)
- Prevents probate from being issued during this period
Will Contests
- No statutory time limit for validity challenges
- 12 years from the date of death for fraud claims
- Delay can weaken your case and increase costs
Inheritance Act Claims
- 6 months from the date probate is granted
- Court permission required after this deadline
- Earlier action is always better
The Process
Step 1: Urgent Initial Assessment
Contact specialist solicitors immediately. Recommended firms in Cardiff include:
- Darwin Gray – Established firm with probate dispute expertise and is an award-winning law firm based in Cardiff that specializes in both contentious (disputed) and non-contentious (undisputed) probate matters. Their team is highly experienced in resolving disputes related to estates and inheritance, and they can also assist with general estate administration
- Hugh James – Large Welsh firm with dedicated will dispute team
- JCP Solicitors – Specialist in contentious probate matters
Citations
https://www.reviewsolicitors.co.uk/cardiff/cardiff/darwin-gray-llp
https://solicitors.lawsociety.org.uk/office/466133/darwin-gray-llp
https://www.solicitors.com/darwin-gray.html
https://chambers.com/law-firm/darwin-gray-llp-uk-1:122963
Step 2: Filing a Caveat
If probate hasn’t been granted:
- Apply to the Probate Registry
- Pay the £20 fee
- Gives 6 month protection
- Forces the other side to talk to you
Step 3: Evidence Gathering
Collect all relevant documentation:
- All versions of the will
- Medical records of the deceased
- Financial records
- Correspondence about the will
- Witness statements
Step 4: Legal Proceedings
- Formal claim issued in the High Court
- Disclosure of documents by both parties
- Expert evidence (medical, handwriting, etc.)
- Mediation or settlement discussions
- Trial if settlement can’t be reached
Practicalities
Costs and Funding
Costs:
- Solicitor fees: £200-£600+ per hour
- Barrister fees: £100-£500+ per hour
- Court fees: Vary depending on the claim value
- Expert witness fees: £1,000-£5,000+
Funding:
- After the Event (ATE) insurance
- Conditional Fee Arrangements (CFAs)
Legal expenses insurance
Third-party litigation funding
Alternative Dispute Resolution
Consider mediation or arbitration:
- Often faster and cheaper than court proceedings
- Preserves family relationships
- Flexible solutions possible
- Confidential process
Emotional Impact
Will contests can be emotionally draining:
- Family relationships may be damaged
- Process can take 1-3 years
- Outcome is never guaranteed
- Consider the emotional cost vs. benefit
Key Documents
- Death certificate
- Original will and any codicils
- Previous wills (if available)
- Grant of probate (if issued)
- Medical records of the deceased
- Financial records showing the estate’s value
- Any correspondence about the will
Warning Signs
Be aware of these potential red flags:
- Sudden changes to the will just before death
- Will made when the deceased was unwell or medicated
- Beneficiary involved in will preparation
- Deceased isolated from family before making will
- Will inconsistent with previously expressed wishes
- Unusual or irrational provisions
Specialist Solicitors in Cardiff
Why You Need Specialists
Will contests require expertise in:
- Probate law and procedure
- Mental capacity assessments
- Evidence gathering and presentation
- Court procedures and advocacy
- Alternative dispute resolution
What to Expect
- Initial assessment of your case’s merits
- Clear explanation of costs and risks
- Strategic advice on the best approach
- Regular updates on case progress
- Honest assessment of settlement opportunities
Conclusion
Contesting a will is a complex process that needs immediate attention due to time limits. Success depends on the strength of your evidence and your legal team.
Remember:
- Act fast – time limits are critical
- Get specialist advice now
- Consider the full costs – financial and emotional
- Explore settlement options where possible
- Be realistic about the outcome
If you think you have a will to contest, contact one of the recommended firms in Cardiff today to discuss your options and protect your interests.
This guide is for general information only and is not legal advice. Always consult with qualified solicitors for advice specific to your situation.
