Private Client
A concern about a will or the handling of an estate can be difficult to raise after a death. We help you identify the legal issue, the evidence needed and the possible next steps, whether you question a will’s validity or need to respond to a challenge as an executor or beneficiary.
Understanding your next steps
A will validity challenge is different from a claim that an estate has not made reasonable financial provision. Questions about signing, capacity, pressure, knowledge of the contents or whether an earlier will was revoked require different evidence. We help separate those issues before action is taken.
The will and any codicils, earlier documents, the drafting file and relevant witness or medical evidence may be important. Keep original papers and correspondence safe. We can advise on what information to seek and how to present concerns without making unsupported allegations.
We discuss correspondence, negotiation, mediation and court proceedings where appropriate. In some validity disputes a probate caveat may be relevant, but it is not suitable for every inheritance disagreement. We explain the purpose, risks and next steps before recommending that route.
A clear way forward
Bring the date of death, any grant details, copies of wills and correspondence. Explain your relationship to the deceased and the specific concern.
We assess available evidence, missing information, relevant deadlines and the likely costs and risks before planning the next stage.
We discuss the appropriate enquiries or formal steps and keep settlement options in view alongside any necessary protection of your position.
Planning ahead
Costs depend on the issue, evidence and response from other parties. Medical or other expert evidence, court fees and barrister’s fees may be additional. Costs are not automatically paid by the estate, and litigation can carry a risk of paying another party’s costs.
Seek advice promptly, particularly if a grant has been issued, assets may be distributed or court papers have arrived. Different claims have different deadlines; waiting for the estate to finish can prejudice your options.
Read our published Price Guide, then contact us to confirm the work you need and the costs involved.
View Price GuideUseful to know
Disappointment alone does not establish that a will is invalid. An eligible person may have a separate financial provision claim, but the legal basis and evidence must be considered.
It can temporarily stop a grant being issued while a relevant dispute is considered. A caveat initially lasts six months and can be renewed. Using one inappropriately can lead to a costs risk.
A valid later will may revoke earlier documents, but the wording and circumstances matter. Marriage and other events can also affect a will. Keep all versions so the position can be checked.
An executor who receives a claim or credible notice of a dispute should take advice before distributing. The appropriate response depends on the claim, duties, deadlines and any protection available.
General information for England and Wales. Contact us for advice about your circumstances.
SJS Solicitors · Balham
