Yes, a will can be contested if there are valid legal grounds to challenge its validity.
There are several types of trusts used in estate planning, each serving a different purpose depending on your goals.
Breach of Trust: Mismanagement of assets by the trustee.
Trustee Removal: Conflicts leading to the removal of a trustee.
Interpretation: Disagreements over the trust’s legal wording.
Undue Influence: Pressure on the creator to change trust terms.
Financial Claims: Beneficiaries claiming they haven’t received their fair share.
Contesting a Will:
This specifically refers to challenging the validity of the will itself.
Common grounds include claims that the deceased lacked mental capacity, the will was forged, or they were under “undue influence” when signing it.
Contentious Probate:
This is a broader term that covers any dispute arising after someone’s death during the administration of the estate.
No, you do not always have to go to court. Most probate disputes are resolved through:
Mediation: A professional mediator helps both sides reach an agreement without a judge.
Negotiation: Solicitors from both sides negotiate a fair settlement privately.
Settlement Agreements: A legal contract is signed to end the dispute outside of court.
Court as a Last Resort: Litigation is only used if all other attempts to settle fail.
![Fernandez v Fernandez [2025]](https://contestawilltoday.com/wp-content/uploads/2025/12/Fernandez-v-Fernandez-2025.png)
