Inheritance disputes can be emotionally and financially draining for everyone involved. Contesting or defending a will can feel overwhelming, especially when family relationships and significant financial matters are at stake.

At Fonseca Law in Ebbw Vale, South Wales, we specialise in wills, probate, and contentious probate matters. We understand the challenges of navigating a will dispute and are here to help you resolve the situation as smoothly as possible. 

Below, we outline the steps to take if you find yourself involved in a will dispute, including when to seek expert legal advice.

What is a will dispute?

A will dispute, or contentious probate, occurs when someone challenges the validity of a will or disputes the way an estate is being administered. Common reasons for will disputes in the UK include:

• Claims of undue influence (alleging someone was pressured into making or changing a will).
• Lack of testamentary capacity, where it’s argued that the deceased didn’t have the mental capacity to make or amend the will.
• Concerns about fraud or forgery.
• A failure to comply with the legal formalities for creating a valid will.
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975, where a person believes they haven’t been adequately provided for in the will.

If you suspect any of these issues, it’s important to act quickly and seek professional advice.

Step 1: Understand your position and gather evidence

The first step in a will dispute is to understand your legal position. 

Ask yourself:

• What is your relationship to the deceased?
• What specific issues or concerns do you have regarding the will or estate?
• Do you have any evidence to support your claim or defence?

Evidence is crucial in will disputes.
Relevant documents or information may include:

• Copies of the will, earlier versions of the will, or any codicils (amendments).
• Medical records of the deceased (to assess testamentary capacity).
• Correspondence or records showing how the will was prepared.
• Statements from witnesses who were present when the will was signed.

Your solicitor will help you analyse your position and gather the necessary evidence to support your case.

Step 2: Try to resolve the dispute amicably

In many cases, will disputes can be resolved without going to court, saving time, money, and stress for all parties involved.

Consider alternative dispute resolution (ADR):

• Mediation: A neutral mediator helps all parties reach a mutually acceptable agreement. This is a flexible and often cost-effective way to settle disputes.
• Negotiation: Your solicitor can help you negotiate directly with the opposing party to reach an agreement.

Resolving disputes out of court is often preferable, as it preserves relationships and avoids the uncertainty of a court ruling.

Step 3: Seek professional legal advice

If the dispute cannot be resolved informally, it’s vital to seek advice from a solicitor experienced in contentious probate. 

A solicitor can:

• Assess the strength of your case and advise on the best course of action.
• Represent your interests during negotiations, mediation, or court proceedings.
• Ensure you comply with strict legal procedures and deadlines.

At Fonseca Law, we provide expert guidance tailored to your situation. Whether you’re contesting a will, defending it, or dealing with a claim under the Inheritance Act, we’ll help you understand your rights and options.

Step 4: Be aware of time limits

Will disputes are subject to strict time limits in the UK, so it’s crucial to act promptly. 

Key deadlines include:

• Inheritance Act claims: Must generally be made within six months of the date of the grant of probate or letters of administration.
• Claims challenging the validity of a will: There is no specific time limit, but delays can harm your case and make it harder to gather evidence.

Your solicitor will ensure you meet all relevant deadlines to avoid jeopardising your claim.

Step 5: Understand the potential outcomes

Will disputes can result in a variety of outcomes, depending on the specifics of the case. 

These may include:

• The will being declared invalid: If a will is successfully challenged, an earlier valid will (if one exists) will often take its place. If no earlier will exists, the estate will be distributed under the UK’s intestacy rules.
• A negotiated settlement: Many disputes are resolved through negotiation, where parties agree to redistribute the estate in a way that satisfies all sides.
• Court judgment: If the case goes to court, a judge will decide the outcome based on the evidence presented.

Your solicitor will guide you through the process and help you achieve the best possible outcome for your case.

Why choose Fonseca Law for your will dispute?

Dealing with a will dispute is never easy, but you don’t have to face it alone. At Fonseca Law, our team of solicitors have years of experience helping clients in Ebbw Vale and across South Wales resolve inheritance disputes efficiently and effectively.

Here’s why you can rely on us:

• Expertise in contentious probate: We specialise in will disputes, ensuring you receive accurate, up-to-date advice tailored to UK law.
• Personalised support: Every case is unique, and we take the time to understand your specific circumstances and goals.
• Commitment to resolution: Whether through negotiation, mediation, or court representation, we’ll fight to protect your interests and achieve a fair outcome.

If you’re involved in a will dispute, it’s important to act quickly, gather evidence, and seek expert legal advice. By working with an experienced solicitor, you can navigate the process more smoothly and ensure your rights are protected.

At Fonseca Law, we’re here to support you every step of the way. Whether you’re contesting a will, defending it, or need advice on inheritance disputes, our team of experts in Ebbw Vale is just a phone call away.

Contact us todayto discuss your situation and find out how we can help.