Specialist Contentious Probate Solicitors for Will Disputes

Whether you are contesting or defending a will, we are here to help. McHale & Co has been helping families in the North West since 2001, and our reach now extends nationally, with multiple offices offering a full service across a wide range of legal sectors.

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If you’d like to know more about how our legal services can suit your needs, do not hesitate to get in touch.

    Contentious Probate

    Inheritance Act Claims

    Resolve a Will Dispute with Our Contentious Probate Solicitors

    Creating a will does not guarantee that your estate will be distributed exactly as you want.
    There may be issues which result in the will being contested:

    • Disputes between executors and trustees (such as how your wishes are interpreted).

    • Questions around the validity of the will.

    • Addressing mistakes or missed individuals in the will.

    • Dealing with lost or damaged wills.

    • Cases where promises were not upheld in the will.

    We have a dedicated contentious probate team, made up of professionals who will work with you in this difficult time to resolve your will dispute as fairly and amicably as possible.

    Whether you are contesting or defending a will, we are here to help. McHale & Co has been helping families in the North West since 2001, and our reach now extends nationally, with multiple offices offering a full service across a wide range of legal sectors.

    What is Contentious Probate?

    Contentious Probate is the name given to claims brought against an estate of a deceased individual. They usually arise as a result of family members, loved ones, or other relevant parties not getting what they believe they’re entitled to. The most common type of legal dispute is to challenge the validity of a will or bring a claim pursuant to the Inheritance (Provision for Family and Dependents) Act 1975.


    People often believe that a will is iron clad, but in England and Wales, wills may be disputed either for their credibility or the expectation of financial support for certain qualifying individuals.

    What Are the Grounds for Contesting a Will?

    There are several factors that will open the door to a will being contested or scrutinised:

    • Lack of testamentary capacity:
      The deceased lacked mental capacity or understanding of their actions at the time of making the will.

    • Lack of due execution:
      The will was improperly executed as it wasn’t signed correctly, witnessed by the wrong people, etc.

    • Undue influence or duress:
      If the individual making the will was coerced or forced into creating a will against their wishes.

    • Fraud or forgery:
      If the will has been altered or falsified.

    • Rectification:
      Errors within the will that needed to be amended, as this can lead to questions around the true intention of the will.

    Speak to Our Contentious Probate Team if You Have Questions About an Existing Will.

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    Can you Contest a Will if it’s Valid?

    If the will does not meet any of the criteria for it to be contested on the basis of its validity, i.e. the will has been made properly, you may still be able to contest it if you believe you have been excluded or forgotten.

    Individuals who relied upon the deceased financially, or who expected to receive significantly more than they were left in the will, may be able to contest it under the Inheritance Act 1975.

    If you believe you have been excluded or forgotten in a will, you may be able to make a claim under the Inheritance Act. Click here for more information.

    Meet the Team

    Our dedicated probate team has a combined 26 years’ experience working in Contentious Probate specifically, and tackles every case with compassion, integrity, and transparency, to make sure you get results.

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    Jamie Lloyd

    Jamie Lloyd

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    Victoria Harrison

    Solicitor

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    Roberto Lavorini

    Litigator & Compliance Officer

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    Paul Fitton

    Partner and Head of Litigation

    Frequently Asked Questions (FAQs)

    Anyone who has a legitimate interest in the deceased’s estate can contest it, but generally, wills are contested by spouses and civil partners, children, cohabiting partners, executors, and financial dependents to the deceased.

    There is no time limit for contesting a will, however it is best to do this before the Grant of Probate is issued as it will be much more difficult to make a claim once the estate starts being distributed.

    Most Contentious Probate cases are able to be resolved through mediation (without going to court). However, some will disputes are not able to be resolved amicably and will end up in court.

    Get in Touch

    If you would like to know more about how our tailored legal services can best suit your needs, please do not hesitate to get in touch.

    Although we are based in Greater Manchester, we provide high-quality legal assistance to those who need it around the UK.

    Call us today on 0161 928 3848, or fill in the contact form below.