Can wills be contested on behalf of someone else?

A claim could be issued by a litigation friend for a minor or by an attorney.  Otherwise, the court would expect the claim to be issued by the person with the claim.

Do I need to involve a court for contesting a Will?

In the first instance there is an obligation on the parties to a dispute to attempt resolution without litigation via Alternative Dispute Resolution (ADR).  If this is not possible court proceedings will be necessary.

What to do if a Will is contested against?

If you are an interested party (executor or beneficiary) you will probably receive a letter about the dispute and be invited to take part in ADR and/or subsequent court proceedings.

Can I contest a will based on mental capacity?

Yes. A Will can be challenged on the ground that at the date instructions were given and/or the Will executed the testator lacked capacity.  Medical records, witness evidence and expert psychiatric evidence is likely to be needed to prove the claim.  

We understand your situation and our expert team are here to help

Get in touch to speak with someone who can help you move forward.

A father and daughter walking their Labrador in a green field

Tees coronavirus update

We’re open and here to help you. We’re running as normal with our employees all working from home.

Find out more Show less

You can call us as normal on 0800 013 1165 or email us: hello@teeslaw.com.

You can also find contact details for all our advisers here. 

As a flexible and technologically-adept firm, we already had many home-working systems in place. We have now rolled this technology out to all our employees working for clients, so they can continue to work normally - and from home.

If you are a client, please be assured you can get in touch with Tees and we are still working on your case. To replace face-to-face meetings, we have the facilities to do video-conferencing, conference calls or just speak on the phone, as you need.

Due to the circumstances, please call us if you would have wanted a home visit, and we can organise the best and safest way of being in touch.

Designed and built by Onespacemedia