Will Writing Services

Contesting a Will

It is a sad and quite traumatic time when a loved one dies and unfortunately it can be all too common that arguments over the deceased’s will can ensue, which is never what the Testator would have wanted.

In order to successfully challenge a Will then there must be proper grounds for doing so. The grounds for challenging a Will are as follows :

  • The Will wasn’t validly executed in accordance with the Wills Act
  • The Testator had a lack of testamentary capacity at the time the Will was executed
  • The Testator was under undue influence
  • The Will is fraudulent or forged
  • The Testator had a lack of knowledge or didn’t approve the Will
  • If unclear, what did the Will mean? (rectification/construction claims)

You cannot challenge the validity of a Will simply because you have been left out of it and you don’t like the Testator’s decision to leave you out of the Will. (Although claims can be made under the Inheritance (Provision for Family Dependents) Act 1975 whereby you could make a claim for financial provision from the estate but only if you meet the very strict criteria for making such a claim).

It is a common misconception that the estate will simply bear the costs of any claim for whatever reason. As with all litigation, the general rule that the losing party will be liable to pay the successful party’s costs applies. There are however two exceptions to this general costs rule, whereby the estate would pay the costs of the dispute, which are as follows:

  • The Testator has contributed or been the cause of the litigation
  • Where there is need for a reasonable investigation into the Will

All potential Claimant’s should therefore consider thoroughly the merits of their case before proceedings are commenced. Parties should be aware that unreasonable conduct and vexatious claims could, and likely will, result in that party bearing the entire legal costs for the dispute!

If you would like to discuss whether you, or a loved one or friend, may be able to challenge a Will then please contact us to discuss the merits of a potential claim.


What our clients say...

Best conveyancing experience ever. After two supposedly good law firms failed to even do the basics post instruction, for nearly 8 weeks, Jess at Laker Legal took on the difficult challenge of overseeing my purchase and completion in record time. Always proactive, very knowledgeable of her subject and extremely good communicator. I never had to chase the firm for anything. They always answered my calls efficiently. I can't praise them enough. What a wonderful experience.

I recommend Jess and would be very happy to use her again in the future.

Mrs A, Lancaster.

I am very pleased with Laker Legal firm, my Solicitor John Hirst, was extremely helpful throughout the drawing of my prenuptial agreement. A very professional and knowledgeable approach yet warm,and friendly enough to feel comfortable with in a situation that can be quite uncanny to discuss or uneasy as per say. Thankyou again!

Mrs V – London

I used the services of Jess and the team at Laker Legal as a first time buyer looking for properties to buy, near and around Bath.

Jess was fantastic, in her communication during the process as well as her knowledge and ability during the conveyancing process. She helped me make informed decisions and ultimately find and purchase a wonderful home near Bath. Jess is adept at spotting potential issues during a purchase that I believe others may not.

She clearly excels at her craft and you will be in safe hands should you use her services too.


Thank you for all your help and support over the last 12 months. You and the team at Laker Legal have been fantastic.
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Ms. W of Leyland

I can highly recommend John Hirst at Laker Legal solicitors in Lancaster. He was superb from start to finish dealing with a very complex child arrangements case for me. A really decent guy and an excellent family law solicitor who genuinely cares about his clients. John was fully up to speed with my case at all times and we got the outcome we wanted.

Mr B, Kendal

A big ‘thank you’ Richard from Steve and myself. Your time and attention you gave to both of us was remarkable. I’ve had dealings with many solicitors over the years, but have never received this level of service as you gave.

Mrs R – West Malling, Kent

Thank you so much Richard, you have been so kind and patient with me when I have been at about the lowest point of my life after losing my wife, I can never thank you enough. I will also let my family know my wishes that Laker Legal Solicitors deal with my estate when that time comes.

Mr Y, Addington, Kent.

Jessica Blacow from Laker Legal Solicitors Lancaster pulled out every stop truly amazing lady / firm nothing was to much trouble I honestly felt like they was my friends not just a firm that wanted your money but a solicitor firm that cared with compassion I will use Laker Legal Solicitors Lancaster for all my needs in the future.

Mr T, Lancaster

A devastating event brought us to call on Laker Legal. We were put in touch with Mr John Hirst, and from the first moment we spoke to him we knew everything was going to be ok. Mr John Hirst, was always on the end of the Phone or Email, Kept in touch with us 100% of the time, and the support we received took so much pain off our family. All i can say is Thank you so much for everything you did for us.

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