There could be several reasons someone might ask the question: ‘Can you contest a Will without a solicitor?’, such as concerns about cost, family tensions, and the urgency of the situation.
While it’s legally possible to contest a Will without a solicitor, contesting a Will is very rarely straightforward, and during what is already an emotional and difficult time, this can add a great deal of pressure.
In this article, our experts will explain the legal position and risks associated with contesting a Will without a solicitor, and the options available to support you.
What Does It Mean to Contest a Will?
Firstly, let’s take a closer look at what it actually means to contest a Will. You might contest a Will if you question its validity, such as the Will not being as you expected upon your loved one’s passing. This could be due to:
- Lack of testamentary capacity
- Undue influence
- Lack of valid execution
- Fraud or forgery
These are some of the most common legal grounds to challenge the validity of a Will. However, each often involves very complex legal tests to prove.
If you question more than the validity of the Will and have another form of dispute, this is known as contentious probate; find out more in our guide.
Why Contesting a Will Is Legally Complex
Contesting a Will is legally complex and greatly benefits from expertise in the area. A solicitor who specialises in contesting Wills will have a strong knowledge of the:
- Strict procedural rules
- Evidential requirements
- Time limits and deadlines
Can You Contest a Will Without a Solicitor?
Yes, UK law allows individuals to act for themselves without the assistance of a solicitor. However, contesting a Will without a solicitor carries significant risks.
Risks of Contesting a Will Without Legal Advice
Case Dismissal: Without strong, valid evidence, your claim could be dismissed outright, meaning the current Will and its contents still stand.
Legal Costs: It’s a common misconception that representing yourself is more cost-effective than hiring a solicitor. However, bills for filing paperwork and evidence can soon pile up, especially if done wrong. Should your case progress to court, the standard position on costs is that the loser pays the costs. You could be on the hook for the other side’s costs should you fail in your claim.
Weak Claims: Valid cases can often be irreparably damaged due to claims which lack a strong claim and evidence, which usually leads to an avoidable case dismissal.
Emotional Stress: This is usually a very challenging time as it is, but contesting a Will without a solicitor can take a serious toll on a person’s emotional and mental health.
The Benefits of Using a Specialist Solicitor
At Harding Evans, we offer a team of solicitors who can support you with contesting a Will. Our clients have first-hand experience of the benefits of working with a specialist, including:
- Early Assessment: Ensuring all deadlines are met
- Strategic Advice: Specifically tailored to your situation to achieve the best outcome
- Family Disputes: Handling sensitive matters with care and consideration
- Costs: Protecting clients and the estate from unnecessary costs
- Negotiation: Finding the right settlement options for you and your family
We Can Help with Contesting a Will
In short, although you can legally contest a Will without a solicitor, it isn’t recommended due to the risks. A specialist solicitor can provide useful legal advice to ensure your claim is strong and valid.
If you require support with contesting an invalid Will, get in touch with Daniel Rich, our experienced Wills & Probate Solicitor.
