Dispute a will

1. Contesting A Will
Jump to:
 Disputing Wills and Inheritance Claims
 Problems during the administration of the estate
 Claims regarding the estate - Inheritance Act Claims
 Contesting a Will
 Other areas Tollers are specialists in
 Funding options available
Disputing Wills and Inheritance Claims
Tollers’ specialist dispute resolution service recognises the increasing litigious nature of claims
surrounding wills and trusts brought about by the changing family structure and the increasing
size and value of estates.
The head of our dispute resolution team Tom Kings has spent the last ten years specialising in
will disputes (challenging/contesting a will) and inheritance claims. Tom is a Member of the
Association of Contested Trust and Probate Specialists (ACTAPS) a rarity in the region.
If a family member has not made a will, their net assets (known as their estate) are divided in
accordance with the intestacy rules. Even if a family member has made a will, it can be
contested by those left behind. Seeking early legal advice can be beneficial, both in terms of
saving costs and anxiety for those parties involved and helping to ease family tensions and avoid
unnecessary arguments.
Court hearings are the final step in any action and are a last resort when contesting a will.
Tollers solicitors are experienced in all types of alternative dispute resolution which can be far
more cost effective and productive for all parties. Tom Kings is particularly highly experienced
in mediation. Click on any of the below links to find out more about the requirements to
challenge a will.
Problems during the administration of the estate
Problems that can occur during the administration of an Estate include:
 Problems over the construction of a will
 Problems with or between personal representatives
 Actions to remove personal representatives
 Defending claims upon the estate
 Requiring personal representatives to account for their actions during the administration of an
estate
Claims regarding the estate - Inheritance Act Claims

2. If there are claims regarding an Estate we can advise.
Inheritance Act Claims:
 We act on behalf of the beneficiaries defending claims by individuals entitled under the
Inheritance Act to pursue actions
 We pursue claims on behalf of spouses, partners, children and dependents who wish to contest a
will
Contesting a Will
Will Disputes are Becoming more Common
We can advise if you are experiencing a dispute over a will. We can:
 Bring or defend claims as to the validity of a will on the grounds of improper execution, mental
capacity, want of knowledge and approval, undue influence and fraud

Other areas Tollers are specialists in
Tollers contentious probate team specialises in associated areas including:
 Actions by and against trustees
 Challenging lifetime gifts by reason of undue influence
 Care home charges by the local authority
 Issues regarding the proper use of Lasting Power of Attorneys, Enduring Power of Attorneys and
Deputyships
Funding options available
Variety of Funding Options Available
Funding can be an issue which deters many people from seeking legal advice. We offer a range
of different funding options and for each matter we will consider and discuss the possibility of
insurance backed litigation as well as Conditional Fee Agreements such as ‘No Win, No Fee’.
We will give you a realistic estimate of the costs involved in any matter prior to undertaking
works.
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