Losing a parent is one of life’s most painful experiences. When the contents of their Will come as a surprise, or feel deeply unfair, that grief can be compounded by confusion and financial worry. Perhaps you’ve been left out entirely, received far less than you expected, or you suspect that your parent was pressured or lacked mental capacity when the Will was made.
Whatever your situation, you’re not alone, and you may have legal options available to you. This article explains the main routes open to adult children in England and Wales, the grounds you can rely on, the time limits you need to be aware of, and how to get started.
If you’d like to speak with a specialist today, please get in touch with our contentious probate solicitors at Roythornes.
Can an adult child contest a parent’s Will in the UK?
Yes. Adult children in England and Wales can contest a parent’s Will. There are two main routes available. The first is challenging the validity of the Will itself, on grounds such as lack of mental capacity or undue influence.
The second is making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the “Inheritance Act 1975”) where the Will is valid but has not left you reasonable financial provision. The right route will depend on your specific circumstances.
Who counts as an “adult child” for the purposes of contesting a Will?
For the purpose of contesting a Will, “adult child” covers biological children, legally adopted children, and in some cases stepchildren or those treated as a child of the family. Crucially, being estranged from your parent does not automatically prevent you from bringing a claim. While the nature and history of your relationship will be relevant to any court assessment, estrangement alone is not a bar to taking legal action.
Grounds for challenging the validity of a parent’s Will
Lack of testamentary capacity
For a Will to be valid, your parent must have had the mental capacity to make it. The legal test comes from the case of Banks v Goodfellow (1870), which requires the person making the Will (the testator) to understand its nature and effect, the extent of their estate, the people who might reasonably expect to benefit from the estate, and to be free from any disorder of the mind that could distort their judgment. Conditions such as dementia, severe depression, or delirium caused by serious illness can all raise genuine questions about testamentary capacity.
Lack of valid execution
Under section 9 of the Wills Act 1837, a Will must be signed by the testator in the presence of two independent witnesses, both present at the same time, who then also sign the document. If these formalities were not followed, the Will may be invalid regardless of its contents.
Lack of knowledge and approval
Even where a testator had capacity, they must have known and approved the contents of their Will. Where suspicious circumstances exist, for example where a beneficiary played a significant role in preparing the Will, the burden shifts to those seeking to uphold it to prove that the testator genuinely understood and agreed to its terms.
Undue influence or coercion
Undue influence in a probate context means that your parent was pressured or manipulated into making a Will that did not reflect their true wishes. This is notoriously difficult to prove, as the courts require clear evidence that the Will is the product of coercion rather than persuasion. Common fact patterns include a parent who was isolated from other family members by a particular individual, or who had become financially or physically dependent on a beneficiary.
Fraud or forgery
A Will may be challenged where a signature has been forged or where the testator was deceived into signing a document they believed to be something other than a Will. Expert handwriting evidence is typically required to support this type of claim.
Claiming reasonable financial provision under the Inheritance Act 1975
Even where a Will is valid, the Inheritance Act 1975 allows adult children to apply to the court if they have not been left “reasonable financial provision for their maintenance.” The Supreme Court case of Ilott v Mitson [2017] is the leading authority for adult children’s claims, confirming that adult children do not have an automatic right to inherit but can succeed where there is genuine financial need and the circumstances support a claim.
Our Inheritance Act claims team can advise you on whether you have grounds for a claim and the level of provision you might realistically seek.
What factors will the court consider in an adult child’s Inheritance Act claim?
The court weighs a range of factors set out in section 3 of the Inheritance Act 1975, including:
- Your current and foreseeable financial resources and needs
- The financial resources and needs of any other applicants or beneficiaries
- The size and nature of the estate
- Any physical or mental disability you have
- Any obligations and responsibilities the deceased had towards you
- The nature of your relationship with your parent and any other relevant circumstances
Time limits for contesting a parent’s Will
Time limits are critical. For Inheritance Act claims, you should apply to the court within six months of the grant of probate (the legal authority given to an executor or administrator to deal with an estate). Missing this deadline could leave you without a remedy, and extensions are granted only in limited circumstances. In only rare cases will the court grant permission to bring such a claim out of time.
For validity challenges, there’s no fixed deadline set by law. However, taking too long to act can seriously weaken your case. If you delay, especially if that delay is excessive, those defending the Will may raise a defence known as “laches”. This is essentially an argument that it wouldn’t be fair to let a claim go ahead after such a long wait.
If you’re concerned that probate is about to be granted before you’ve had the chance to take advice, you can enter a caveat at the Probate Registry to pause the process temporarily while you consider your options.
Evidence you will need to build a case
The strength of your case will depend heavily on the quality of your evidence. You’ll typically need:
- The Will file, obtained via a Larke v Nugus letter (a formal request to the solicitor who drafted the Will, asking for their file and attendance notes)
- Medical records, including GP notes and care home records, if capacity or vulnerability is in question
- Witness statements from family members, friends, or carers with direct knowledge of relevant events
- Bank and financial records to support your account of the relationship or any financial dependency
- Any correspondence between your parent and the Will drafter, or between your parent and beneficiaries
How the process works step by step
A typical claim follows these broad stages:
- Initial advice from a specialist solicitor to assess your grounds and prospects
- Entering a caveat if probate has not yet been granted
- Gathering evidence and making a Larke v Nugus request for the Will file
- Pre-action correspondence with the opposing parties
- Mediation or other forms of alternative dispute resolution (ADR), which our team prioritises wherever possible
- Issuing court proceedings if a settlement cannot be reached
Our private wealth disputes team will guide you through each of these stages with clarity and care, keeping you informed at every step.
How much does it cost to contest a parent’s Will?
Costs vary depending on the complexity of your claim and how far it needs to progress. Many disputes are resolved through negotiation or mediation before reaching court, which can significantly reduce the overall expense.
Funding options include paying fees privately, conditional fee arrangements (sometimes called “no win, no fee”), deferred funding arrangements, after-the-event insurance, and legal expenses insurance. As a general rule, the court has discretion to order the losing party to contribute to the winner’s costs, though this is not guaranteed, and we’ll discuss the funding options available to you at the outset.
How a specialist solicitor can help
Contesting a Will is a complex and emotionally demanding process. Having the right legal team beside you can make a real difference, both to the outcome and to your peace of mind during what is already a difficult time.
At Roythornes, our private wealth disputes specialists are consistently recognised in the Legal 500 and Chambers & Partners. Our team includes members of STEP (Society of Trust and Estate Practitioners) and ACTAPS (Association of Contentious Trust and Probate Specialists), and we’re Lexcel accredited by the Law Society for the quality of our client care. We take a sensitive, strategic approach to every case, prioritising resolution through mediation wherever possible while standing ready to litigate robustly if needed.
Whether you’re considering challenging the validity of a Will, exploring an Inheritance Act claim, or simply want to understand your options, we’re here to help. You can also find out more about our Wills and probate services and our approach to estate administration disputes on our website.
Frequently asked questions about contesting Wills
Can an adult child contest a Will if they were completely left out?
Yes. An adult child who has been entirely disinherited can either challenge the validity of the Will or bring a claim under the Inheritance Act 1975, provided they can demonstrate appropriate grounds. Being left nothing does not prevent you from taking action.
How long do I have to contest my parent’s Will?
For Inheritance Act claims, you have six months from the grant of probate to apply to the court. There is no fixed deadline for validity challenges, but delay can seriously weaken your position, and you should seek advice as quickly as possible.
Is it harder for an adult child to claim than a minor child or spouse?
Yes. The court applies a “maintenance” standard to adult children, which is narrower than the standard applied to spouses or civil partners. However, successful claims are common, particularly where there is clear and demonstrable financial need.
Does estrangement from my parent stop me contesting the Will?
No. Estrangement is a factor the court will consider, but it does not bar a claim, as confirmed in the Supreme Court case of Ilott v Mitson [2017]. The circumstances and history of the estrangement will be taken into account alongside all other relevant factors.
Can I contest a Will after probate has been granted?
Yes, but it becomes more complicated. For Inheritance Act claims, you must act within six months of the grant. For validity challenges, action may still be possible, but you should seek specialist advice without delay.
How much does it cost to contest my parent’s Will?
Costs depend on the complexity of your case and how far it needs to proceed. Many claims settle before reaching court. Funding options such as conditional fee arrangements and after-the-event insurance may be available, and we’ll discuss all of this with you at the outset.
What evidence do I need to contest my parent’s Will?
Typically, you’ll need the Will file (requested via a Larke v Nugus letter), medical records, witness statements, and financial records. The precise evidence required will depend on the grounds of your claim, and our team will help you identify and gather what’s needed.
Get in touch with our contentious probate solicitors
To access legal support from our contentious probate team, please give us a call or complete our enquiry form today. We have legal offices in Abingdon, Alconbury, Birmingham, Langham, Nottingham, and Spalding.