We understand that will disputes can be emotionally challenging and stressful. We’re here to support and guide you through the process, ensuring that your concerns are heard, and your rights are safeguarded.

What does a will dispute solicitor do?

If problems do arise, you need dedicated will dispute solicitors to advise on the best course of action. With a commercial and pragmatic approach, our dedicated will dispute solicitors at B P Collins can provide support and comprehensive guidance on a variety of issues related to wills and their interpretation, including:

  • The testator’s (the individual who made the will) testamentary capacity
  • Whether the testator was aware of and approved the contents of their will
  • Concerns about undue influence by another person in the creation of the will
  • Ensuring the will was properly signed and executed according to legal requirements
  • Issues of will forgery or fraud
  • Disputes over mutual wills
  • Identifying and addressing potential errors or mistakes in the will

Claims relating to mistakes made in wills

When a will preparation error occurs, various claims may be available to either the executors of the estate or the beneficiaries. These mistakes can range from clerical errors to a misunderstanding of the testator’s instructions by the professional responsible for drafting the will.

Claims can also be made when a will has been improperly drafted, resulting in the meaning of one or more of the clauses being ambiguous. The court may intervene to interpret the meaning of the clause and direct the executors of the will as to how the estate should be administered.

If you believe that a will has been improperly drafted or is ambiguous, our expert contentious trusts and probate team can advise you in relation to your prospective claims or applications.

Claims to enforce promises

We offer advice to clients on claims to enforce promises (also known as estoppel claims), where a promise has been made to them — whether verbally or implied through a person’s actions—and relied upon to their detriment. The principle of estoppel ensures that if a promise is made and relied upon by one party, the other party should not be allowed to go back on their promise.

Alternatively, if you have been accused of reneging on a promise, we can help.

There are various types of estoppel claims, with proprietary estoppel – a promise relating to property – being one of the most common.

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Why choose B P Collins as your will dispute solicitors?

Our team has vast experience bringing and defending claims relating to will validity, will mistakes and claims to enforce promises on a variety of grounds. Our expert contentious wills, trusts and probate solicitors can advise you on the remedies which may be available. With 60 years of experience in will disputes, we’re consistently ranked by Chambers HNW and The Legal 500 for the strength of our practice.

Contact our will dispute solicitors today

If you require confidential advice concerning a will dispute, please contact our will dispute lawyers, based in London, Thame and Gerrards Cross, at enquiries@bpcollins.co.uk or on 01753 889995.

Will disputes FAQs

Is it worth contesting a will?
Each case will turn on their own facts and it is not possible to say how many cases succeed.  Our contentious probate team will be able to advise you in relation to your claim and your prospects of success.
Can I stop my will from being contested?
During your lifetime you may be concerned that your will may be disputed.  For example, if you have family members who do not get along.  In that case there are steps you can take which include seeking professional advice on the terms of your will and any claims which may be made against your estate, and explaining the rationale for your wishes clearly in a letter of wishes.
When is a will invalid?
There are many reasons why a will might be invalid including that it was not signed by the testator, not witnessed by two witnesses, that the document is a fraud or forgery, that the testator did not have capacity to make the will or that the testator was coerced into making a will in those terms.
How long after someone dies can you contest a will?
The time you have to contest a will depends on the type of dispute. For will validity issues there is no strict limitation (the time after which the court will not allow a claim to be brought). Other claims do have strict time limits. For example, as claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”) must be brought within 6 months of the date of the grant of probate. If you are unsure whether your claim has a time limit, it is always advisable to seek advice from a contested probate specialist lawyer who will be able to assist you.
What can you do if you do not agree with a will?
This will depend on your concerns.  If you are concerned that the will is invalid you may be able to bring a validity challenge.  If you believe you have not been properly provided for, you may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”).  It is always advisable to seek advice from a contested probate specialist lawyer who will be able to assist you with assessing your claim(s).
Our Contested probate, trusts and wills services

Will disputes Specialists

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Will disputes solicitors in...

London
Ickenham
Gerrards Cross
Thame

Our Ickenham office operates by appointment only.

Parking

Ample parking is available through pay and display means on public roads, as well as additional parking situated just across the street beside the Ickenham library.

Parking
Ample parking is situated at the end of Station Road in the public Pay and Display car park, opposite Waitrose. Unfortunately, we do not have visitor parking available at the B P Collins office.

Disabled access to our offices is available.

Parking
There is limited on-site parking available, with additional paid street parking outside of the office. Ample parking can also be found at Waitrose car park close by, which is free for 1 hour 30 minutes and located around a 4 minute walk from the office.

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