Contesting a will can feel daunting, especially at a time when emotions are already running high. Our Private Wealth Disputes team is here to help you understand where you stand, what your options are, and how best to protect your position.

Whether you believe a will is invalid, you’ve been left out unfairly, or you’re worried about how an estate is being handled, we provide clear, practical advice from the outset. Our solicitors are recognised leaders in will disputes, including high-value, cross-border and complex cases.

When can you contest a will?

You may be able to challenge a will if you have concerns about:

how the will was prepared
whether the person who made the will had capacity
whether someone else exerted influence
whether the will is legally valid
whether you should have received reasonable financial provision

We’ll guide you through the grounds for challenge and assess the strength of your claim early on.

Grounds for contesting a will

Who can contest a will?

You may be able to bring a claim if you are:

a beneficiary named in the will
a beneficiary under a previous will
a family member who expected to inherit
a financial dependant
someone promised property or assets
an executor or professional adviser concerned about validity

We will explain clearly whether you have legal standing and what options are open to you.

What are the steps in contesting a will?

Initial assessment: We take time to understand your concerns and the background to the dispute.

Gathering evidence: This may include medical records, witness statements, solicitor’s file notes, and information about the circumstances in which the will was made.

Pre-action correspondence: We set out your case clearly, explain what you are seeking, and attempt early resolution where appropriate.

Mediation and negotiation: Most disputes settle without going to court. We are proactive in pursuing settlement at the right time.

Court proceedings: If necessary, we will issue or defend proceedings robustly on your behalf.

Time limits for contesting a will

Different claims have different limitation periods. Some can be extremely tight, for example, Inheritance Act claims must usually be brought within six months of the grant of probate.

Costs and funding options

We will be transparent about costs from the outset. Depending on the circumstances and prospects of success, we may be able to offer:

traditional hourly-rate funding
staged/conditional fee agreements
fixed fees for certain stages
deferred payment in appropriate cases

Why choose Hugh James?

Our team is one of the largest specialist will dispute teams in the UK. We are consistently recognised in Legal 500 and Chambers & Partners for our expertise in complex and high-value estate litigation.

Our approach is:

Fair – clear, balanced advice
Driven – focused on solutions, not delay
Inclusive – accessible and jargon-free
Robust – prepared to take firm action where needed
Protective – always acting in your best interests

Recent experience

Acted for beneficiaries in a high-value contested will dispute involving alleged lack of testamentary capacity and undue influence, resulting in a negotiated settlement prior to court proceedings.
Advised a professional executor on defending a will challenge involving complex offshore assets and conflicting foreign wills.
Successfully resolved a claim involving forged testamentary documents, including forensic evidence and expert witness instructions.
Acted for disappointed beneficiaries in an estate with cross-border elements where significant changes to the testator’s will shortly before death were at issue.

Get in touch

If you’re concerned about the validity of a will or need advice urgently, our team can help. Contact us for an initial discussion.

Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team.

He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.

A natural and dynamic leader’, the ‘very impressive’ Roman Kubiak heads the firm’s Private Wealth Disputes team and is noted for his ‘deep knowledge of estates and trusts law’.

The Legal 500

Roman Kubiak is described by a client as “tremendously capable, he knows what he is doing. He’s a national figure.” Another source adds: “Roman is exceptionally knowledgeable, he is very pragmatic and very solution-oriented.”

Chambers & Partners

The team is described as “very prepared, very organised, very easy to deal with,” by a source, who adds: “They turn things around quickly, and are also very on the ball.”

Chambers & Partners

[Hugh James’] private wealth group is appreciated for its ability ‘to relate with great sensitivity on a human level to very personal matters, while also giving very clear and measured advice’.

The Legal 500

Contesting a will