Can I Dispute a Will Without a Solicitor?

Dealing with the death of a loved one is one of the most stressful experiences any of us can go through but dealing with the death of a loved one who has left behind a will that seems to go against any wishes, promises or obligations they had in life makes the process of grieving your loss near-impossible to deal with. 

Thankfully, there are options. It is possible to dispute the contents of a will, provided you can support one of the criteria – known as ‘grounds’ – for disputing a will. The process is infamously long and difficult, given the difficulties associated with speaking for someone who is no longer around to speak for themselves, but it is possible and relatively common. 

The most obvious solution is to reach out to a solicitor with extensive experience in inheritance law, since they will be far better placed than anyone else to lead you through this process. 

But, whether through fear of high legal fees or the belief that your case will be simpler than the rest, some people are tempted to handle their own case, and navigate the process without professional legal help. 

Is it possible?

Yes, it’s possible, provided you have a ‘vested interest’ in the testator. In other words, you will need to be a spouse, child, cohabitee, or specifically named within the existing will. 

But just because you can doesn’t mean it is a good idea. Inheritance law is a highly nuanced subject that takes years of learning and first-hand experience to master and trying to interpret the law into layman’s terms all by yourself is akin to floating out into open water on a pool float.

While that may sound like an exaggeration, consider the fact that, after the testator’s death, there is a limited window of time in which anyone can dispute the contents of their will. You need to submit a claim before probate is granted and, for someone who has never even investigated the specifics of disputing a will before, time is incredibly short. 

What should you do instead?

As soon as possible, you should seek legal advice from a solicitor who has an extensive background in inheritance law – and, specifically, will disputes. This is a highly specialised area that demands a highly specialised approach. 

You can click here to find out more about the process of disputing a will, and how your solicitor can help you to get the specifics of your case in order, and tackle the process from the strongest standpoint possible. 

This is not an area of law that can be safely navigated without a solid foundation. DIY wills, for instance, pose a major issue for families each and every year, since meeting the stringent requirements for will writing is incredibly difficult without sound advice. The exact same issue holds true on the other side of the coin. A DIY approach to disputing a will puts you on the back foot – and, given the time constraints and difficulties involved in this process, you can’t afford for that to happen.  

Focus on processing your grief and dealing with life following the death of a loved one as it comes, rather than trying to wrap your head around an intricately woven area of law.