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

Taste Lancashire Producer Awards 2026 open for applications Taste Lancashire Producers awards

Taste Lancashire Producer Awards 2026 open for applications

15 Sep 2025

2

Stuart Buckley appointed head of sales and account management at Netcentrix Stuart Buckley

Stuart Buckley appointed head of sales and account management at Netcentrix

15 Sep 2025

3

Preston City Council pushes for fair pay Coun Valerie Wise

Preston City Council pushes for fair pay

15 Sep 2025

4

University of Lancashire increases state-of-the-art dentistry teaching facilities New dental facilities at University of Lancashire

University of Lancashire increases state-of-the-art dentistry teaching facilities

15 Sep 2025

5

VARS Technology team up with debt resolution specialists to fight fuel theft David Nichol John Garnett Aydan Jones and Laura Tilley

VARS Technology team up with debt resolution specialists to fight fuel theft

12 Sep 2025

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
Sub36 Networking - Follow the signs
Sub36 Deaf Village Social1200
Networking
17 Sep 2025

Sub36 Networking - Follow the signs

The Deaf Village, Blackburn, BB2 5EN

10:00 - 12:00

LBV124 September/October Launch Event
MBP Arc Cinema Preston Opening 205
Networking
18 Sep 2025

LBV124 September/October Launch Event

The Arc Cinema, Preston, PR1 2BL

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Preston Tech Connection - The Ultimate Tech Quiz!
Preston Tech Connection Sept 25.png.png
LBV Hub Networking
16 Sep 2025 - 16 Sep 2025

Preston Tech Connection - The Ultimate Tech Quiz!

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:00

The Business Network Central & East Lancashire
LBV Hub Networking
17 Sep 2025 - 17 Sep 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Cumbria Business Expo 2025
https---cdn.evbuc.com-images-880461633-4862066883-1-original.20241022-110415.jpeg.jpg
LBV Hub Exhibitions
19 Sep 2025 - 19 Sep 2025

Cumbria Business Expo 2025

Carlisle Racecourse, Carlisle, CA2 4TS

09:00 - 15:00

Preston Freelancer Meet-Up: September
Sept Freelancer (1).png.png
LBV Hub Networking
23 Sep 2025 - 23 Sep 2025

Preston Freelancer Meet-Up: September

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Your Business, Your Region: Making sense of devolution and Local Government Reorganisation
Chorley Council breakfast event new
LBV Hub Networking
23 Sep 2025 - 23 Sep 2025

Your Business, Your Region: Making sense of devolution and Local Government Reorganisation

Worden Hall, Leyland, PR25 3DH

08:00 - 11:00

Speed Networking with BNI
2.png.png
LBV Hub Networking
24 Sep 2025 - 24 Sep 2025

Speed Networking with BNI

Chorley Football Club, Chorley, PR7 3DU

16:00 - 19:00

The Marketing Meetup IRL: Lancashire - September
TMM Lancashire
LBV Hub Networking
25 Sep 2025 - 25 Sep 2025

The Marketing Meetup IRL: Lancashire - September

Chorley, PR7 2SL

18:00 - 20:00

Making Tax Digital for Income Tax Self Assessment (MTD for ITSA) drop-in day
MTD drop in session.jpg.jpg
LBV Hub Seminars
25 Sep 2025 - 25 Sep 2025

Making Tax Digital for Income Tax Self Assessment (MTD for ITSA) drop-in day

Making Tax Digital for Income Tax Self Assessment (MTD for ITSA) drop-in day, Blackburn, BB1 5QB

10:00 - 16:00

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