At Phillips Law we understand that disputes surrounding a loved one’s estate are incredibly stressful and emotionally challenging. Whether you are an individual, a beneficiary, a trustee, an executor, or an administrator—and whether you are bringing a claim or defending one—our specialist contentious probate lawyers are here to guide you through it.

Are you concerned about or looking to contest a Will, have you been left out of a Will or not received any provision from a loved one estate or are you concerned that an executor or trustee is not acting in accordance with their duties?  We can help and guide you through.

Get in contact today

Our highly experienced solicitors will provide expert advice and assist you. So that we can deal with your enquiry as quickly as possible, please fill out the form below or email us at [email protected].

Alternatively, you can call us for an initial discussion on:

Basingstoke Office: 01256 460830

Farnborough Office: 01252 541633

Yateley Office: 01252 872617

When is a Will Legally Valid?

For a Will to be legally binding and valid in England and Wales, it must meet strict statutory requirements. If these steps are not followed correctly, the Will can be rendered entirely invalid (and a previous Will may stand), for example:

1. Correct Execution: The Will must be in writing, signed by the person making it (the ‘Testator’), and signed by at least two witnesses (who must not be beneficiaries under the Will) who were both present at the time the Testator signed.
2. Mental Capacity: The Testator must have the necessary mental capacity to understand the legal implications and language of the Will at the precise time it was signed. Mental capacity can fluctuate from day to day or even hour to hour; a history of neurological illness (like dementia) or a temporary period of severe mental ill-health can impact validity.
3. Absence of Undue Influence: The Testator must make the Will entirely of their own free will. If a Will is suddenly altered to drastically change how an estate is divided, it may suggest improper pressure, coercion, or financial incentivisation.

What happens if a Will is ruled invalid?

If a Will is found to be invalid, it has no legal effect. The estate will either be distributed according to the deceased’s earlier, previous valid Will or, if no prior Will exists, it will follow the rules of Intestacy.

Who can contest a Will?

Typically, Will challenges are brought by family members, surviving spouses, cohabitees, or dependants. You can potentially contest a Will in circumstances including if you were named in an earlier Will previous version but removed in unusual circumstances, or if you feel you have been unfairly excluded from your “fair share”, or if you were promised a legacy and you relied on that promise to your detriment (“estoppel”).

What is an Inheritance Act 1975 claim?

If you were financially dependent on the deceased and the Will fails to make “reasonable financial provision” for you, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This is also the case if there is inadequate provision for you under the intestacy rules.  Note: You must act quickly. There is a strict time limit of six months from the date Grant of Probate is issued to bring a claim under this Act. Missing this deadline usually means losing your right to claim entirely.

When should an Executor or Trustee look for legal guidance?

Executors and trustees frequently need to protect themselves by seeking legal advice and potentially Court directions in the administration of an estate. Common examples include:

• Beneficiaries deadlocked over whether an inherited property should be sold or rented out.
• Disagreements over the sale price of land or property, especially if there is potential future development value.
• A dispute where one beneficiary is living in the estate’s property (perhaps having cared for the deceased) but the property must be sold to settle debts or pay out other beneficiaries.
• Co-executors who are in open dispute, causing the administration of the estate to halt completely.

Our Fees

Where possible we will offer a fixed fee, so you will know what the costs are from the start. For more complex or uncertain projects, we will provide you with an estimate of the likely fees involved and keep you updated throughout the matter.

How to get in contact

Our Wills, Trusts and Probate Solicitors are on hand to provide expert advice and assist you wherever you are based. Please email [email protected].

Alternatively, you can call us for an initial discussion on:

Basingstoke Office: 01256 460830

Farnborough Office: 01252 541633

Yateley Office: 01252 872617

Our offices are based in Basingstoke, Farnborough and Yateley, and we assist clients across the country.