Discovering that a loved one’s Will doesn’t reflect what you expected, or what you believe they truly wanted, can be deeply unsettling. Whether you suspect the Will was made under pressure, that the person lacked the mental capacity to make it, or that you’ve been left without adequate financial provision, you may be wondering whether there’s anything you can do.
Contesting a Will is a serious legal step, but it’s more common than many people realise. In this guide, we explain the grounds for challenging a Will, who can bring a claim, the time limits that apply, and what it’s likely to cost.
If you’d like to speak with a specialist straight away, please get in touch with our contentious probate solicitors at Roythornes. We offer sensitive, practical support at every stage.
What does it mean to contest a Will?
Contesting a Will means legally challenging whether a Will is valid, or whether it makes adequate financial provision for certain people. There are two distinct types of claim:
- Challenging validity: arguing that the Will itself shouldn’t stand, for example because the person lacked mental capacity when they made it, or because they were pressured into signing it.
- Inheritance Act claims: accepting the Will as valid but arguing that it fails to make reasonable financial provision for you, under the Inheritance (Provision for Family and Dependants) Act 1975.
Understanding which type of claim applies to your situation is an important first step, and our team can help you identify the right approach.
Who can contest a Will in the UK?
Not everyone has the legal standing to challenge a Will. Those who may be eligible include:
- Spouses, civil partners, and former spouses or civil partners
- Children of the deceased, including adult children
- Anyone treated as a child of the family, such as a stepchild
- Dependants who were financially supported by the deceased
- Beneficiaries named in an earlier version of the Will
- Anyone with a reasonable expectation of inheritance, for example because of a promise made to them
If you’re unsure whether you have standing to bring a claim, our private wealth disputes team can advise you.
Grounds for contesting a Will
Lack of testamentary capacity
To make a valid Will, the person making it (known as the testator) must have had sufficient mental capacity to do so. The legal test comes from the case of Banks v Goodfellow (1870), which requires that the testator:
- Understood the nature of making a Will and its effect
- Knew the extent of the property and wealth that they owned and were leaving
- Understood who might reasonably expect to benefit
- Was not suffering from a mental disorder that distorted their judgement, or natural decision-making capabilities
If there are concerns about the testator’s mental health or cognitive ability at the time the Will was made, this can form the basis of a challenge. Medical records and professional assessments are often central to these cases.
Undue influence and coercion
Undue influence occurs when someone pressures or manipulates a person into making a Will, or changing an existing one, in a way that doesn’t reflect their genuine wishes. This might involve threats, emotional manipulation, or an abuse of a position of trust, such as that held by a carer or someone holding a power of attorney.
These cases can be difficult to prove because the courts require clear evidence of coercion rather than simply persuasion. Witness statements, correspondence, and medical records can all be relevant.
Improper execution and formalities
A Will must meet the formal requirements set out in section 9 of the Wills Act 1837. To be valid, it must be:
- In writing
- Signed by the testator, or by someone else in their presence and at their direction
- Witnessed by two independent witnesses, both present at the same time as each other and the testator
If these requirements aren’t met, the Will may not be legally valid. Even a seemingly minor error in execution can invalidate the document entirely.
Other grounds for challenging a Will include fraud or forgery, and lack of knowledge and approval, where the testator didn’t fully understand or agree to the contents of the Will.
Making a claim under the Inheritance (Provision for Family and Dependants) Act 1975
If you’ve been left out of a Will, or feel the provision made for you is inadequate, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows certain people to ask the court to make reasonable financial provision from the estate, even where the Will itself is valid.
The court considers a range of factors, including your financial needs, your relationship with the deceased, and the size and nature of the estate. Our Wills and probate solicitors can help you assess whether a claim is likely to succeed and what provision the court might award.
Time limits for contesting a Will
Time limits are critical, and missing them can mean losing your right to bring a claim altogether.
- Inheritance Act 1975 claims: you must issue court proceedings within six months of the grant of probate (the court order authorising the administration of the estate). Extensions can be granted in exceptional circumstances, but the courts apply this deadline strictly.
- Validity challenges: these are generally subject to a 12-year limitation period, though acting promptly is always advisable, particularly before the estate is distributed.
If you’re concerned about a Will, don’t delay in seeking legal advice.
How much does it cost to contest a Will?
The cost of contesting a Will varies depending on the complexity of the case, the grounds being pursued, and whether the matter resolves through negotiation or proceeds to court. Funding options we can discuss with you include:
- Hourly rate billing: fees charged against time spent, as work progresses
- Capped fees: offering greater cost certainty for specific stages of the matter
- Conditional fee agreements (also known as “no win, no fee”): available in suitable cases, meaning you only pay if your claim succeeds
- Deferred funding arrangements: where fees are deferred until the conclusion of the matter
We will always be transparent about costs from the outset and will discuss the most appropriate funding option for your circumstances before any work begins.
The process of contesting a Will
Contesting a Will typically involves the following steps:
- Taking specialist legal advice as early as possible
- Entering a caveat at the Probate Registry to prevent probate from being granted while the dispute is ongoing
- Gathering evidence to support your claim, such as medical records, financial documents, and witness statements
- Attempting to resolve the matter through negotiation or mediation where possible
- Issuing court proceedings if an agreement can’t be reached
Many disputes are resolved without going to court, and our team will always explore the most practical and cost-effective route for you.
Can you contest a Will after probate?
Yes, it’s possible to contest a Will after probate has been granted, though doing so is more complex than challenging a Will beforehand. If the estate has already been distributed, recovering assets becomes considerably more difficult. It can also sometimes be tactically advantageous to challenge a will early.
The time limits described above still apply, so it’s important to act quickly even if probate has already been granted. Entering a caveat is no longer possible at this stage, but court proceedings can still be issued where grounds exist.
How to strengthen your case
The strength of your claim depends largely on the evidence available to support it. Steps you can take include:
- Obtaining the testator’s medical records from around the time the Will was made
- Collecting correspondence, emails, or messages that reveal the testator’s intentions or relationships
- Identifying witnesses who can speak to the testator’s state of mind or circumstances
- Securing any earlier versions of the Will that might demonstrate a change in wishes
- Seeking expert opinions, for example, from a medical professional on capacity, or a handwriting expert in cases of suspected forgery
Our team will guide you through the evidence-gathering process and advise on what’s most likely to be persuasive in your particular case.
Speak to our contentious probate solicitors today
If you believe a Will doesn’t reflect the true wishes of the person who made it, or that you’ve been unfairly excluded from an estate, we’re here to help.
We take a sensitive but strategic approach to Will disputes, working closely with you to protect your interests and achieve the best possible outcome.
To speak with our team, please complete our enquiry form or contact one of our offices in Abingdon, Alconbury, Birmingham, Langham, Nottingham, or Spalding.