Inheritance Disputes
Will and Inheritance Disputes can be complicated, and occasionally emotional area of the law. Rowlinsons team can ensure you receive expert and compassionate legal support that is tailored to your needs.
Our experienced Will Dispute & Contentious Probate Solicitors are here to help guide you through the process of contesting a will.
Whether you are defending a claim against an estate, contesting the will of a loved one, or facing concerns about how an inheritance has been distributed, Rowlinsons Solicitors are by your side every step of the way.
We understand how Inheritance and Will Disputes can be deeply distressing in an already emotional and difficult time, and we strive to offer bespoke and compassionate support throughout the process.
As award-winning Contentious Wills specialists, Rowlinsons are proud to offer practical, tailored advice designed to resolve disputes as swiftly and amicably as possible.
Unfortunately sometimes disputes do arise over the will or estate of a deceased person. This area is complex and you should seek legal advice from a solicitor with the expertise and knowledge, to help you resolve any contentious matter that arises.
Our team of Contentious Probate Solicitors has a wealth of experience in advising clients across Cheshire and beyond, providing clear guidance to help protect your interests and secure a fair outcome.
We are one of a small number of firms that hold the Law Society’s Lexcel Accreditation, a quality kitemark for excellence in legal practice management and client care.
Rowlinsons was highly commended in the 2023 British Wills & Probate Awards in the ‘Private Client Team of the Year’ in the Boutique category, highlighting our achievement and success in the sector. We were previously commended in the ‘Solicitor Firm of the Year (North)’ category at the same awards, showing our consistent dedication to improving and delivering our services.
Our sympathetic and experienced team can assist you in any Will dispute matters.
Areas on which we can assist include:
The team can advise you on the most effective course of action and will aim to ensure that a prompt and cost effective resolution is reached.
To make an appointment please call 01928 617 056 or click here for a call back.
Sometimes issues with wills cannot be avoided. At Rowlinsons, we understand how delicate and emotional these situations can be, especially when concerns arise after the death of a loved one. That’s why we offer practical advice should you find yourself in such a situation. Here are some of the most common types of disputes involving a Will.
Simply put, this means that the person who made the will, otherwise known as the testator, lacked the mental capacity to understand what they were doing at the time. This automatically makes the will invalid if proven. Lack of Testamentary Capacity has been used in many cases where testators suffered from illnesses that impaired decision making such as Dementia and Alzheimer’s.
If you believe that the testator was pressured or manipulated into making the will in a certain way, you can challenge the validity of it.
You can challenge a will if you are under the belief that it is fraudulent or a forgery.
A Will must follow strict legal requirements to be valid. If the Will was not signed or witnessed following proper protocol, it can be declared invalid.
If someone who was financially dependant on the deceased (ie. partner, child) has been unfairly left out of the will or inadequately provided for, then they may have grounds for Family and Dependants Act (1975) Claim.
You may dispute a will if the deceased promised you something but did not include it in their will. In such cases there will be a heavy burden of proof on you to show evidence that the deceased made such a promise.
If the Court of Protection is making a statutory will for someone who lacks the mental capability to do it themselves, but you believe that it does not properly reflect that person's wishes, then you can contest it.
After seeking council from your solicitor they will discuss your circumstances to identify the most appropriate legal ground in which to contest the Will. From there you must begin collecting evidence to help support your claims. Such evidence may include medical records, witness statements or a copy of the deceased’s previous Will if it is relevant.
Speak to your solicitor to see if a caveat can be entered at the Probate Registry. This will prevent the Will from being executed while your challenge is ongoing however, depending on your case, it is not always possible.
These disputes can usually be resolved through mediation, but in the event that it goes to court you’ll want strong legal representation. We would be more than happy to take on your case and represent you with clarity, confidence and care.
Contesting a Will is a sensitive and complex process. At Rowlinsons, we understand the emotional weight behind these disputes and offer clear, solution-focused guidance every step of the way.
Acting fast is crucial if you wish to contest a Will as certain claims have short time limits they must be issued in. Claims under the Inheritance Act must have proceedings issued within six months of the grant of probate. It is vital that you seek legal advice early on to best resolve matters.
Will I have to go to court for a Will Dispute?
No, your Will Dispute will not necessarily go to court. At Rowlinsons, our aim is to assist you in reaching a fair and cost-effective outcome with the least possible stress. Mediation is often quicker, more private and less emotionally taxing than having to go through court proceedings. The vast majority of disputes are settled long before they reach the courtroom.
However court involvement may be necessary if negotiations during mediation go nowhere or urgent action is required to prevent probate from going ahead. In those cases we will be by your side throughout, walking you through every step of the way. Our experienced contentious probate lawyers will keep you regularly informed and fight to achieve the best possible outcome.
What are the time limits to contesting a Will?
Claims made under the Inheritance (Provision for Family and Dependents) Act 1975 must be made within 6 months of date probate is granted. Courts have sometimes allowed claims outside of this window in exceptional circumstances, however this is not guaranteed so seeking early legal advice is crucial.
Challenges to the validity of the will, such as the lack of testamentary capacity, undue influence or claiming the will to be fraudulent, have no fixed time limit. However it is best to act early as the estate being already distributed can affect your case.
At Rowlinsons we can help you to assess your position and options quickly. If you are unsure whether you are still within the time frame, act now. Contact us for bespoke and straightforward advice
Does contesting a Will delay probate?
In most cases, contesting a Will can delay the probate process.
If there is a dispute over the validity of a will or how the estate is being handled, the estate cannot be distributed until the issues are resolved. However, in claims under the Inheritance Act 1975 where the validity of the will is not being questioned, probate may proceed.
You can act to delay probate by entering a caveat at the Probate Registry. This legal notice prevents the grant of probate from being issued. This gives you time to properly investigate, gather evidence and prepare your claim. Caveats generally last 6 months but can be extended.
If you are seeking a caveat for your Will Dispute, do not hesitate to call. At Rowlinsons, our contentious probate solicitors will guide you on the best approach based on your circumstances.
Who can make an inheritance act claim?
Applications to the court to approve the Inheritance (Provision for Family and Dependants) Act 1975, can be made when a Will, or lack thereof, fails to provide adequate financial provisions to dependants of the deceased.
People eligible to make this claim include:
If you are unsure if you are eligible for this claim, get in touch. We provide clear, supportive advice and can help assess whether making a claim is the right course of action for you.
Can you contest a will after probate?
Yes, you can contest a Will after probate has been granted. While it gives authority for the estate to be administered, it does not prevent it being challenged as long as you have a valid grounds and a strong case.
This does not mean you should delay. When estates have been distributed, it becomes significantly harder to recover assets. If you are making a claim under the Inheritance Act, you must make it within 6 months of probate being granted.
Attempts to make a claim after the 6 month period require the court’s permission, which is rarely given. However at Rowlinsons we are more than happy to fight for your claim, no matter the time frame.
Our team of Will Dispute Solicitors can help you pause or limit the administration of the estate. At Rowlinsons, we act promptly to protect your interests and help you understand whether you can still pursue a claim.
Can you dispute a will if you are not in it?
Yes, you can dispute a Will even if you are not included in it - however this does not mean that just anyone can.
You must have legal standing to contest the Will meaning you must be someone who would benefit from a claim or have an interest in the estate.
Those eligible generally include:
You must also have valid legal grounds for contesting the will such as undue influence, lack of capacity or fraud.
We understand how upsetting it can be to feel overlooked and excluded, especially after losing someone close. Our specialists contentious probate disputes team will listen to your concerns and assess if you have a valid claim.
Can I make a Professional Negligence claim over a legal advisor's handling of a Will?
Yes, you can make a professional negligence claim over the handling of a will if you believe the legal advisor has failed in their duty of care. You may make a claim if there was a negligent execution of a Will.
There is a six year time limit to making a professional negligence claim against trust and estate practitioners from the date of death or from the date where you experienced financial loss due to the negligence.
At Rowlinsons, we are eager to bring or defend any claims you may have. Contact us to see if you’re eligible to make a professional negligence claim.
Can you challenge Intestacy Rules?
No, you can not directly challenge Intestacy Rules as they are the rules of Law. However, if you feel that the distribution of the deceased person’s estate does not properly provide for your reasonable needs then you can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Our experienced probate team is ready and waiting to make contentious probate claims on your behalf. Get in contact with us to see if you are eligible to make a claim.
Rowlinsons is an award-winning law firm of specialist Solicitors in Runcorn & Cheshire.
With years of experience in all areas of the law, we have become renowned across the North West and all of England and Wales for our knowledge, expertise, and compassion towards our client. Your satisfaction is our priority, and we will always be on your side and by your side through the complex processes that surround inheritance disputes.
We understand the difficulty of coming to terms with the death of a loved one, and the additional stress that comes with the administration of the estate and contentious will disputes. At Rowlinsons, we are dedicated to supporting you expertly and with care. We will handle the work so that you can focus on your grief and your loved ones.
We are a Lexcel accredited law firm by the Law Society, reflecting our commitment and approach to delivering excellent service to our clients. We were shortlisted for the Client Care Award at the Modern Law Awards 2025 as we have maintained our goal of ensuring the best client focused care in our legal practices.
We regularly help clients across Cheshire and the North West from our offices in Frodsham and Sutton Weaver. Our services extend to clients across North Wales, and in Wrexham, Warrington, Widnes, St Helens, Chester, and Northwich.
Our expert Estate Administration Solicitors strive to reach peaceful resolutions quickly. However, if legal action becomes necessary, our team of Probate Solicitors has the expertise to navigate the court system with effectiveness. We strive to be approachable, friendly and professional.
We will always be on your side, by your side. Call us today for an initial no obligation call or click here for a call back.
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