Contesting a Will in Islington: A London Case Study

Quick answer: You can contest a will in England and Wales on grounds including lack of testamentary capacity, undue influence, improper execution, or under the Inheritance (Provision for Family and Dependants) Act 1975. Acting quickly is essential: protecting the probate position early preserves evidence and keeps options open. Most disputes settle through mediation rather than going to trial.

When families fall into dispute after a death, the legal issue is rarely just about money. It often involves grief, long-standing tensions, and real worry about housing, care, and financial security. That is why inheritance disputes need clear advice, steady handling, and a practical plan.

This case study looks at how our disputed will solicitors helped resolve a contested estate in Islington, North London. The details have been anonymised, but the legal issues are real and common: concerns about testamentary capacity, possible undue influence, and a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

What is a disputed will?

A disputed will is a will that someone formally challenges after a death. The challenge may relate to whether the will is legally valid, whether the deceased understood what they were signing, or whether someone was unfairly pressured.

Common grounds for contesting a will

In England and Wales, common legal grounds include:

• Lack of testamentary capacity. The person did not fully understand the nature of the will, the extent of their estate, or who might expect to benefit.
• Undue influence. Someone pressured the person into making a will they would not otherwise have made.
• Lack of knowledge and approval. The person signed the will but may not have understood or approved its contents.
• Failure to comply with formalities. The will was not signed and witnessed properly under the Wills Act 1837.
• Fraud or forgery.
• Inheritance Act 1975 claims. A family member or dependant argues they were not left reasonable financial provision.

A will dispute can affect access to family homes, payment of debts or care costs, relationships between siblings and stepfamilies, and how quickly an estate can be administered. The right legal route depends on the facts.

The case study: resolving a disputed will in Islington

The background

Our client, referred to here as Ms A, lived in North London and contacted us around six weeks after her father died. He had lived in Islington for many years and owned a purpose-built flat near Highbury, along with savings of roughly £120,000 and some investments.

An earlier will, made about eight years before his death, divided the estate between his two adult children. A later will, signed around nine months before death, left almost everything to a partner he had been with for less than three years. The children were left modest cash gifts of £5,000 each.

Ms A was not only shocked by the change. She was also concerned because her father had been experiencing memory issues, had recently been in and out of hospital, and appeared increasingly dependent on his partner for day-to-day decisions.

Why Ms A believed the will should be challenged

She raised four immediate concerns: her father’s mental capacity had declined noticeably; the partner arranged the solicitor appointment and was present during parts of the process; the new will was a sharp departure from long-held intentions; and Ms A had been receiving some financial support from her father and believed she may have a claim under the Inheritance Act 1975.

This is a familiar pattern in London. A later-in-life relationship, a property of significant value, and a sudden rewrite of the will can quickly lead to serious inheritance disputes. The strongest cases often begin with a cluster of concerns, not one issue alone.

How we contested the will: the practical steps

Step 1: Securing the probate position

The first priority was to stop the estate being distributed too quickly. We reviewed whether a caveat should be entered at the Probate Registry to prevent a grant of probate while investigations continued. That gave breathing space. Once estate assets have been distributed, recovering them can become slower, harder, and more expensive.

Step 2: Gathering evidence

We built an evidence picture that included GP and hospital records, previous wills and attendance notes, correspondence with the will drafter, witness statements from family and neighbours, and evidence of the deceased’s finances and living arrangements. In capacity disputes, medical evidence often matters as much as legal argument. We looked closely at whether the will-maker met the test in Banks v Goodfellow, the leading authority on testamentary capacity.

Step 3: Reviewing the solicitor’s file

The will file showed mixed features. There was some indication that the drafting solicitor had asked sensible questions. But there were also concerns: no clear contemporaneous capacity assessment, limited notes on why the estate plan had changed so dramatically, and unclear evidence about whether the partner was involved in setting up meetings. Those gaps did not automatically make the will invalid, but they increased the pressure on the other side to explain what happened.

Step 4: Advancing parallel claims

We advised Ms A to proceed on alternative bases: a validity challenge raising concerns over testamentary capacity, knowledge and approval, and undue influence; and an Inheritance Act 1975 claim for reasonable financial provision. This dual approach is often the best option in complex disputes. If one argument weakens, another may still lead to settlement.

Timeline of the dispute

Month 1: Initial review, instructions taken, caveat entered at the Probate Registry.

Months 2 to 3: Medical records, solicitor file papers, and background witness evidence obtained.

Month 4: Formal letter of claim setting out the legal basis for challenging the will.

Months 5 to 6: Negotiations began. The other side denied wrongdoing but agreed to engage. Valuation evidence for the Islington flat and estate assets was exchanged.

Month 7: Full-day mediation in Central London.

Month 8: Settlement reached without trial.

The outcome

The settlement included a lump sum of £210,000 to Ms A, a contribution towards her legal costs, revised arrangements for personal items of sentimental value, and an agreed timetable for administering the estate. The will was not formally set aside by the court because the case settled before trial, but the outcome reflected the litigation risks on both sides.

Mediation succeeded because the evidence raised real litigation risk, both sides wanted privacy, costs were escalating, and the emotional burden of a public family dispute was becoming too high. Court is not always the best result. In many cases, a well-prepared mediation delivers a faster, more practical outcome.

What this means for London families

London estates often involve high-value property and blended families. A single flat in Islington, Barnet, Wandsworth, or Croydon may form the bulk of an estate. That raises the stakes quickly. Whether you are thinking about protecting your own estate through a well-drafted will or dealing with a disputed one, early legal advice makes a significant difference.

For the executor dealing with a disputed estate, our guide on executor duties also covers the pressures that arise when a claim is made against the estate.

Frequently asked questions

Can I contest a will if the estate is being administered in London?
Yes. What matters is usually where the estate is being administered and whether the claim falls within the law of England and Wales.

What are the main grounds for contesting a will?
Lack of testamentary capacity, undue influence, lack of knowledge and approval, improper execution, fraud, forgery, and claims for reasonable financial provision under the Inheritance Act 1975.

How long do I have to challenge a will in the UK?
It depends on the type of claim. An Inheritance Act 1975 claim is usually subject to a six-month limit from the grant of probate. Other validity claims should be brought promptly.

Is no win no fee available for inheritance disputes?
Sometimes. A conditional fee arrangement may be available where the case has strong prospects and a realistic level of recovery. Not all cases are suitable. This should be discussed at the first meeting.

Do most inheritance disputes go to court?
No. Many settle through negotiation or mediation before trial, especially where both sides face legal and costs risk.

If you are concerned about the validity of a will, your financial provision, or the way an estate is being administered, contact Freeman Harris Solicitors to discuss your situation in confidence.

Related: Writing a Will in London | Executor Duties Explained | How to Apply for Probate