Probate Law
Contested Wills Barristers
Specialist advice and court representation when a will is in dispute. Instruct a contentious probate Barrister directly.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
A will can be challenged on a number of legal grounds. The most common is lack of testamentary capacity, assessed using the test in Banks v Goodfellow (1870): the person making the will must have understood that they were making a will and its effect, the nature and extent of their property, and the claims of those they might be expected to provide for, and no disorder of the mind must have influenced their decisions. A will can also be challenged for want of knowledge and approval, where there is doubt that the person knew and approved of its contents, which often arises where someone who benefits was closely involved in preparing it.
Other grounds include undue influence, which means coercion rather than mere persuasion and is difficult to prove because the burden is on the person alleging it; forgery or fraud; and failure to comply with the formalities in section 9 of the Wills Act 1837, such as proper signing and witnessing. Where the problem is a clerical error or a failure to understand the person's instructions, the court can rectify the will under section 20 of the Administration of Justice Act 1982. A rectification claim should normally be brought within six months of the grant of representation, unless the court gives permission.
There are practical steps to take early. Entering a caveat at the Probate Registry prevents a grant of probate being issued while it remains in force, giving time to investigate. A caveat lasts six months and can be renewed, but it should not be entered without a genuine basis. A standing search tells you when a grant is issued. A Larke v Nugus request asks the solicitor or will writer who prepared the will for a statement of the circumstances in which it was made, together with their file, which is often key evidence.
Contested will claims are usually brought in the Business and Property Courts or the County Court under Part 57 of the Civil Procedure Rules, and they can become complex and costly. A Direct Access Barrister can assess the merits, advise on evidence such as medical records and the will file, draft correspondence and court documents and represent you at hearings and mediation. Some cases, particularly those with heavy disclosure or expert evidence, may be better suited to having a Solicitor alongside, and your Barrister will be honest with you about that.
What Contested Wills Barristers Do
Court Advocacy
Your Barrister can represent you at:
- Applications concerning caveats
- Case management conferences
- Interim applications
- Mediation and settlement meetings
- Trials in the Business and Property Courts or County Court
- Appeals
Legal Advice
Specialist guidance on:
- Testamentary capacity under Banks v Goodfellow
- Knowledge and approval
- Undue influence and fraudulent calumny
- Forgery and invalid execution
- Rectification under section 20
- Overlap with Inheritance Act claims
Document Drafting
Your Barrister can draft:
- Larke v Nugus request letters
- Letters of claim and responses
- Claim forms and particulars of claim
- Witness statements
- Instructions to medical experts
- Skeleton arguments
Your Barrister drafts these documents. You enter caveats, issue and serve documents and handle correspondence yourself.
What You Handle
With Direct Access:
- Entering a caveat or standing search
- Obtaining copies of the will and grant
- Requesting medical and care records
- Gathering witness details
- Filing and serving court documents
- Paying court fees
How Direct Access Works
- 1
Initial Review
Your Barrister reviews the will, any earlier wills and what you know about the circumstances, and identifies the possible grounds of challenge.
- 2
Protective Steps
Where appropriate, you enter a caveat or standing search so that the estate is not distributed before the position is investigated.
- 3
Gathering Evidence
You send a Larke v Nugus request drafted by your Barrister and obtain medical records. Your Barrister advises whether expert evidence is needed.
- 4
Letter of Claim
Your Barrister drafts a detailed letter setting out the claim. The parties exchange information and consider alternative dispute resolution.
- 5
Mediation
Many will disputes settle at mediation. Your Barrister prepares you, attends with you and advises on any proposed settlement.
- 6
Court Proceedings
If the dispute does not settle, a claim is issued under CPR Part 57. Your Barrister drafts the pleadings and represents you through to trial.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
What are the grounds for contesting a will?
The main grounds are lack of testamentary capacity, want of knowledge and approval, undue influence, forgery or fraud, and failure to meet the formal requirements for signing and witnessing. Separately, a will can be rectified if it contains a clerical error or fails to reflect instructions, and some people may have an Inheritance Act claim even where the will itself is valid.
What is the Banks v Goodfellow test?
It is the long-standing test for whether someone had capacity to make a will. They must understand that they are making a will and what it does, have a broad understanding of what they own, appreciate who might have a claim on their estate, and not be affected by any disorder of the mind that distorts their judgment. Medical evidence and the will writer's notes are often central.
Should I enter a caveat?
A caveat stops a grant of probate being issued for six months, and it can be renewed. It can be useful to buy time while you investigate, but it should only be used where you have a genuine concern about the validity of the will. Executors can issue a warning to the caveat, and you then need to respond within a short deadline or the caveat will lapse.
What is a Larke v Nugus request?
It is a request to the solicitor or professional who prepared the will asking for a detailed account of how the will came to be made, including who gave the instructions, who was present and what was said about capacity. The name comes from a Court of Appeal case. The response, and the will file, can be decisive in deciding whether a claim is worth pursuing.
How hard is it to prove undue influence?
It is one of the harder grounds to establish. The person alleging it must prove that the will was the result of coercion, not just persuasion, influence or the person being kind to the deceased. Because the evidence is often indirect, claims are frequently framed alongside lack of knowledge and approval, which can be easier to establish on the right facts.
Is there a time limit for contesting a will?
There is no fixed statutory limit for most validity challenges, but delay can cause serious problems once the estate has been distributed, so you should act quickly. A rectification claim should normally be made within six months of the grant, and an Inheritance Act claim within six months of the grant, unless the court allows more time.
Can I use a Direct Access Barrister for a will dispute?
Yes, for many cases. A Barrister can advise, draft and represent you at mediation and in court, while you deal with filing, serving and correspondence. Where a case involves a large volume of documents or several experts, your Barrister may recommend bringing in a Solicitor as well. Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Concerned About a Will?
Get early advice from a specialist contentious probate Barrister before the estate is distributed.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.