Can you contest a will if you never knew the deceased?

Sometimes, after someone dies, it emerges that they had a relative whose existence they never knew about during their lifetime. This can raise questions about their will, and whether that relative is entitled to challenge it.

While it may be possible to contest a will in these circumstances, the person seeking to do so would first need to establish that they have legal standing - meaning they would benefit either under the rules of intestacy, or under an earlier valid will, if the current will did not exist. They would also need to prove that the will is invalid. Simply not being known to the person who made the will is not enough on its own to invalidate it. Any challenge must be based on recognised legal grounds and supported by strong evidence.

There are also strict time limits that apply depending on the type of claim being brought, so anyone in this position should seek advice as early as possible. 

What are the grounds for contesting a will?

A will cannot be challenged simply because someone is disappointed or surprised by its contents. There must be recognised legal grounds for the claim:

• Lack of capacity 
• Knowledge and approval
• Undue influence
• Fraud or forgery
• Lack of valid execution

Each of these grounds is explored in detail in our other articles. The sections below focus specifically on how being unknown to the deceased is likely to affect a claim brought under any of these grounds.

The evidential burden

One of the biggest challenges in contesting a will is meeting the evidential burden. It is not enough to simply suspect wrongdoing or to feel that you should have been included. Anyone making a claim must provide sufficient evidence to persuade the court that, on the balance of probabilities, the will is not valid.

Where the person seeking to contest the will was not known to the deceased, meeting this burden is often more difficult. Claims based on lack of capacity or knowledge and approval usually rely on evidence from those who had close or regular contact with the deceased, such as family, carers, friends, or medical professionals. If you had little or no contact with the deceased, you are unlikely to have first-hand knowledge of their mental state, decision-making abilities, or daily functioning, which can make it harder to build a strong claim.

That said, evidence such as medical records or the will-writer's file does not depend on first-hand knowledge, and may still be available to support a claim. Similar difficulties can arise with claims of undue influence or fraud, where evidence often comes from those who observed the deceased's circumstances and relationships at the relevant time.

It is important to understand that the court places significant weight on the deceased's right to decide how their estate is distributed. Without strong evidence, the court is unlikely to overturn the will simply to satisfy someone who feels they have been unfairly excluded.

Could you bring an Inheritance Act claim instead?

In some cases, rather than challenging the validity of the will itself, it may be more appropriate to bring a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. This is a separate route from a will challenge, with its own eligibility criteria, and does not require proving that the will is invalid. 

Practical first steps

If you believe you may have a family connection to someone who has died, it is generally sensible to:

• Establish whether a grant of probate has been issued, and obtain a copy of the will if one exists
• Consider what evidence might support your relationship to the deceased, such as birth records or, in adoption cases, DNA testing
• Seek specialist legal advice as early as possible, given the time limits that may apply.

Seeking legal advice

Although it is technically possible to contest a will even if the deceased did not know you existed, success is far from guaranteed. Challenges must be based on at least one of the recognised legal grounds and supported by compelling evidence.

Given the court's respect for testamentary freedom, and the particular evidential difficulties in these cases, it is important to seek specialist legal advice early on to understand your options and the evidence you may need to support any claim.