Practice

How to contest a will

Contesting a will in court, where there are grounds to doubt its validity or the testator’s capacity at the time it was made.

Service

What the service includes

A will cannot be contested simply because an heir disagrees with it. Specific legal grounds are needed: the testator’s lack of capacity, a defect in the form of the will, or pressure on the testator when it was made. Without genuine grounds the court will leave the will in force.

At the first consultation we give an honest assessment of the prospects of a challenge. We gather medical records and witness evidence, order a posthumous expert examination where necessary, and represent the client in all court instances.

We also deal separately with wills signed shortly before death, in hospital, in a hospice or during serious treatment, when medication and the testator’s condition could have affected their will. In such cases we examine not only the final diagnosis but the full medical history, the doctors’ prescriptions and the testimony of those who saw the testator on the day the document was signed. Proceedings to contest a will often pass through several instances, and we see the case through to appeal and cassation if the first instance rules against the client.

What the service includes:

Assessment of grounds for a challenge Posthumous psychiatric examination Challenge for lack of capacity Challenge for defects in the form of the will Defending a will against unfounded claims
Clients

Who it is for

The situations clients most often bring to us on this topic.

Heirs who learned of the will only after the funeral Children from a first marriage excluded by a new will Relatives who suspect pressure from a carer or a neighbour Heirs at law where the entire estate was left to an outsider
Service

How we work

A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.

I

Assessing the grounds

We review the circumstances in which the will was made and determine whether there are genuine legal grounds to contest it. Timeframe: 2-5 days.

II

Gathering evidence

We gather medical records and witness evidence and, where necessary, initiate a posthumous expert examination. Timeframe: 2-4 weeks.

III

Court proceedings

We present the client’s position in court, both in contesting a will and in defending it against unfounded claims by other heirs. Timeframe: 3-9 months.

IV

Enforcement of the judgment

We see the case through to the actual registration of inheritance rights in line with the court decision. Timeframe: 1-2 months.

Documents

What you will need at the start

We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.

Copy of the will Testator’s death certificate Testator’s medical records (if available) Documents proving the family relationship
Practice

Key figures

Experience in this practice area specifically, not in practice as a whole.

3 instances average depth of a court dispute Cases contesting a will rarely end at first instance. We support the client through appeal and cassation.
40% of cases settled by agreement before trial Some will disputes can be closed by an agreement between the heirs, without public court proceedings.
14 months average duration of a lack-of-capacity case The forensic psychiatric examination and challenges to it take up a significant part of the proceedings.
5 experts in our examination pool We work with independent forensic psychiatrists whose opinions withstand review in the higher courts.
10 days to obtain an archive copy of the will If the original is unavailable, we request a copy from the notarial archive separately, and this may affect the timing of the claim.
80% of claims filed in the first year Most enquiries reach us in the first months, while the time limit for contesting a will after the estate is opened is still running.
Practice

Common mistakes

Confusion over the limitation period. Heirs often count the one-year period for contesting from the date of the testator’s death, whereas for a voidable will the period starts to run from the moment the grounds for contesting became known. Because of this confusion, the time to prepare the claim is often lost.

A claim without a capacity examination. An application to declare the will invalid is filed on nothing more than an assumption that the testator did not understand their actions, without commissioning a posthumous psychiatric examination or collecting medical records in advance. The court dismisses such claims precisely for lack of objective evidence of the testator’s condition at the time of signing.

Confusing void and voidable wills. Every defect in a will is treated the same way, without distinguishing void documents (for example, those made without the mandatory notarial certification) from voidable ones, signed under pressure or induced by deception. These situations involve different procedures and a different burden of proof, so choosing the wrong strategy weakens the heir’s position in court.

Result

What you get

A court decision invalidating the will. The client receives a court decision, in force, that deprives the contested will of legal effect.

Restored right to inherit by law. Once the will is set aside, the property is distributed among the heirs in the order of priority established by law.

A forensic expert opinion in hand. The client receives an official expert opinion on the testator’s condition, which can also be used in other disputes, for example in dividing property.

A new certificate of inheritance. After the case is reviewed, the notary issues a certificate that reflects the actual heirs.

FAQ

Frequently asked questions

Can a will be contested simply because it seems unfair?+

No. Specific legal grounds are required, such as the testator’s lack of capacity, a defect in the form of the will or pressure when it was drawn up. Simple disagreement with how the property is distributed is not a ground for setting it aside.

How long is there to contest a will?+

As a rule, one year from the time the heir learned, or should have learned, of the grounds for contesting it.

What is a posthumous psychiatric examination?+

An expert opinion on the testator’s mental state at the time the will was made, based on medical records. It is often the key piece of evidence in such disputes.

Can a will be defended against an unfounded challenge?+

Yes. We represent the heir in whose favour the will was made, presenting evidence of its validity.

What is the position of an heir who renounced their share under pressure?+

A renunciation of inheritance signed under duress or deception can also be challenged in court. This is a separate claim, which requires its own evidence of pressure, not just grounds for contesting the will itself.

Can the time limit for contesting be restored if it has almost expired?+

In principle yes, but the court restores a missed time limit only for a valid reason and on weighty evidence. You should therefore act as soon as the grounds for contesting become known, rather than leaving it to the last moment.