Contesting a Will

By Lancashire Business View

25 Oct 2017

With an ageing population, a dramatic increase in house prices and more complex family structures, will disputes are becoming increasingly common.

Ben Wilson, an associate at Forbes Solicitors specialising in contentious trusts and probate, gives an overview of the various ways to contest a will or make claims against an Estate.

If you’ve been cut out of a will or you do not think you’ve been left enough

If you have been left out of a friend or family member’s will, or if you do not think you have been left enough, then you may be able to make a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

There are various classes of people that can make a claim including children, people treated as children (including step children), spouses and former spouses, and any person maintained wholly or partly by the deceased before death (this could include wider family members, friends or partners).

If you have concerns about the validity of a will

In some circumstances a will may not be valid. There are number of ways to contest a will and challenge its validity: Lack of mental capacity. With an ageing population, the rise in cases of dementia and a greater awareness of other mental health issues, there is a definite rise in challenges to wills on the basis the testator lacked mental capacity. If the person did not have the requisite mental capacity, the will is not valid. Lack of knowledge and approval of the terms of a will. This is often linked to lack of mental capacity but can also be argued in other cases such as where English is not the first language for example. If a person did not know and approve the terms of the will, the will is not valid. Undue influence. It is often the case that a testator makes a will at a time when they are particularly vulnerable, whether that is because of age or ill health, and this is open to abuse. If a person is forced into making a will, then the will is invalid. Fraud and forgery. If a will is forged or the signature is forged, then it is not valid. We can often get handwriting experts to provide evidence on this. Will not properly executed. There are certain formalities set out by the Wills Act 1837 which must be satisfied in order for a will to be valid. This includes a will being in writing, signed and witnessed. If a will is not properly executed, it is invalid. If you’ve been promised an inheritance but the inheritance was not in the will

In certain circumstances, a promise can be enforceable. If you were promised an inheritance and have not received it, and have relied on that promised to your detriment, then you may be able to make a claim. There are a number of ways to challenge a will or make a claim against an Estate. Forbes are flexible with fees and often pursue matters on a “no win, no fee basis” or defer fees to the end of the matter.

Latest news

1

Skiddle targets £500,000 charity goal Skiddle has announced the partnership with OnSide

Skiddle targets £500,000 charity goal

11 Jun 2026

2

Family jeweller sparkles in national awards Phil Ainsworth and Helen Dimmick

Family jeweller sparkles in national awards

11 Jun 2026

3

Council approved as registered housing provider House Under Construction At Building Site

Council approved as registered housing provider

11 Jun 2026

4

Government backs IN4 digital youth drive Secretary Of State For Science Innovation And Technology Liz Kendall And Mo Isap OBE CEO Of IN4 Group

Government backs IN4 digital youth drive

10 Jun 2026

5

Rural pub set for £450,000 refurb Brad and Jo Peacock at The Plough

Rural pub set for £450,000 refurb

09 Jun 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

The Business Network Central and East Lancashire
LBV Header (33).png.png
LBV Hub Networking
18 Jun 2026

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Chamber Business Lunch
LBV Hub Networking
19 Jun 2026

Chamber Business Lunch

Lancaster House Hotel, Lancaster, LA1 4GL

11:00 - 14:00

The Bay Business Club
Logo.jpg.jpg
LBV Hub Networking
22 Jun 2026

The Bay Business Club

Morecambe Football Club, Morecambe, LA4 4TB

17:00 - 19:00

How to manage grievances…with confidence
Logo.jpg.jpg
LBV Hub Seminars
24 Jun 2026

How to manage grievances…with confidence

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Cyber Crime Awareness Event
Logo.jpg.jpg
LBV Hub Seminars
24 Jun 2026

Cyber Crime Awareness Event

Morecambe Golf Club, Morecambe, LA4 6AJ

13:00 - 16:00

Preston Freelancer Meet-Up: June
June Freelancer Square.png.png
LBV Hub Networking
24 Jun 2026

Preston Freelancer Meet-Up: June

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 12:00

How can smarter employee benefits reduce costs and improve staff retention?
Screenshot 2026-05-20 100211.png.png
LBV Hub Roundtables
25 Jun 2026

How can smarter employee benefits reduce costs and improve staff retention?

Forbes Solicitors , Preston, PR5 6AW

08:30 - 10:00

NO Rackets Required - The Ultimate Padel Party
Crowdfunder.png.png
LBV Hub Social
26 Jun 2026

NO Rackets Required - The Ultimate Padel Party

Pendle Padel Club, Nelson, BB9 5SR

16:00 - 00:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin