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Contesting a Will

If you believe a Will doesn’t reflect the true wishes of the person who made it, or you’ve been unfairly left out, you may be able to challenge its validity. Common reasons include:

Lack of mental capacity
Undue influence or pressure
Fraud or forgery
Errors in how the Will was signed or witnessed
Lack of understanding or approval of the Will’s contents

We’ll help you understand your position and whether there are grounds to contest the Will. If successful, the Will may be set aside and the Estate distributed under an earlier Will or the Rules of Intestacy.

Interpreting or rectifying a Will

Sometimes a Will is unclear, poorly drafted, or doesn’t reflect the person’s true intentions. This can happen with handwritten Wills, outdated documents, or where assets have changed.

We can help you:

Help you understand the content of a Will;
Help you understand your role and duties as an Executor, Personal Representative, and / or Trustee;
Advise you on the procedural steps to be taken to confirm the correct distribution to be made;
Apply to Court for Directions, both in terms of how a Will is to be interpreted and / or how the Estate is to be administered and distributed, particularly where there are minor Beneficiaries and/or when the Beneficiaries do not all agree to the proposed distribution;
Advise you on the particular difficulties where there are children or people unable to understand the situation; and
Apply to Court for a Will to be rectified (i.e. corrected) where it was not drafted correctly or didn’t reflect the person’s true wishes.

This is especially important if you’re an Executor, Trustee, or Personal Representative - as you’re responsible for ensuring the Estate is distributed correctly.

Caveats and stopping probate

If you have concerns about a Will or the person applying for probate, you can enter a caveat to temporarily stop the process. This gives you time to investigate and seek legal advice before the estate is distributed.

We can help you:

Lodge a caveat quickly and correctly
Respond to a “warning” if someone challenges your caveat
Remove a caveat if you’re an Executor facing delays

Caveats are time-sensitive and can escalate quickly, so it’s important to act fast and get expert advice.

How we can help

We’ll work with you to understand your situation and find the best way forward - whether that’s through negotiation, mediation, or court proceedings. Our goal is to resolve disputes as efficiently and sensitively as possible.

Our experience includes:

Contesting a Will on behalf of a daughter excluded from a farming estate
Defending Executors against claims of undue influence and lack of capacity
Rectifying Wills with errors or unclear wording
Advising on century-old Will Trusts and complex handwritten Wills
Supporting clients through caveat disputes and probate delays

Why Choose Porter Dodson?

Recognised excellence – Ranked in both The Legal 500 and Chambers & Partners for our expertise in private client services.

A dedicated team - specialising in Contentious Wills, Trusts and Estates.

Clear, compassionate advice – We speak your language, not legal jargon, and tailor our guidance to your personal circumstances.

Flexible funding options - including No Win, No Fee arrangements in appropriate cases.

I wanted to restate my thanks - both personally and on behalf of my side - for the consistently clear, prompt, and thoughtful way in which you and your firm have supported us. You’ve made a long and potentially challenging process feel manageable. Thank you again for all your support and guidance over the last two and half years.

Mr Y

Thank you for arranging our meeting with Ralph who was terrific. We learned a lot and feel much happier as a result.

Mr & Mrs F

Thank you so much for all of your help and support throughout this. As I’m sure you appreciate, it has been extremely tough, and it has been reassuring knowing you have been there.

Ms B

All the staff that we have had contact with at Porter Dodson (Yeovil/Taunton branches) have been efficient and provided a good service. Danielle Luke dealt with a complicated case of a Removal of Trustee for us. Any queries were dealt with promptly, communication was clear and the legal jargon was decoded for us. Special thanks to Chris Green for his help on this matter.

Fiona