Contesting a Will

If you feel you have grounds to contest a will, we advise you seek specialist legal advice as early as possible.

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Contesting a Will: Expert Legal Advice You Can Trust

Contesting a will often follows the death of a loved one. A time already fraught with emotion. The added stress of a legal dispute over inheritance can feel overwhelming.

Disagreements over wills, trusts, and family estates are, unfortunately, becoming more common. If you believe a will is unfair, invalid or raises concerns, it's vital to seek specialist legal advice as early as possible.

Our expert lawyers, who specialise in contesting wills, trust disputes, and contentious probate, can help you protect your rights and achieve a fair resolution.

We take a sensitive yet pragmatic approach. Supporting you through emotionally complex situations while focusing on the best outcome for your family's financial future.

We handle a wide range of estate and inheritance disputes, including:

Our team includes accredited members of STEP (the Society of Trust and Estate Practitioners) and ACTAPS (the Association of Contentious Trust and Probate Specialists). We are also ranked by The Legal 500 and Chambers High Net Worth Guide for our work in private wealth and inheritance disputes.

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What is contesting a will?

Contesting a will is the legal process of challenging whether a will is valid and truly reflects the wishes of the person who made it.

In England and Wales, you can contest a will in certain legal situations if there are valid grounds to do so. To bring a challenge, there must be a lawful reason, such as undue influence, fraud, or lack of mental capacity. Simply feeling unfairly left out is not enough on its own.

There are strict time limits for contesting a will, and these vary depending on the type of claim - such as challenging the will's validity or making a claim under the Inheritance Act.

Please note: the legal rules in Scotland are different, and you should seek advice from a solicitor qualified in Scottish law.

What are the reasons to challenge a will?

A will can be challenged if it is believed to be legally invalid or if it fails to reflect the true intentions of the person who made it. Common legal grounds for challenging a will include lack of mental capacity, undue influence, fraud, or errors in how the will was signed or witnessed.

What are the grounds to contest a will?

Feeling hurt or left out of a will is understandable, but you cannot contest a will simply because you believe you were entitled to something from the estate.

A will is typically contested in one of three legal ways:

  • Challenging the validity of the will – for example, due to lack of mental capacity, undue influence, fraud, or errors in how the will was signed or witnessed.
  • Inheritance Act claims – where someone financially dependent on the deceased was not left adequate provision in the will.
  • Proprietary estoppel – where the deceased made promises that were relied upon and later broken by the terms of the will.

A will's validity can be challenged on specific legal grounds, including:

Key legal grounds to contest a will

A will can be contested on a number of legal grounds, particularly where there are concerns about its validity. The most common include:

  • Lack of testamentary capacity - If the person making the will (the testator) lacked the mental capacity to understand what they were doing at the time, the will can be declared invalid, even if it appears rational.
  • Undue influence - If the testator was pressured, coerced, or manipulated into changing their will, this is known as undue influence. Wills made under such circumstances are not legally valid.
  • Lack of knowledge and approval - The will must reflect the testator's informed and voluntary approval. If they didn't fully understand or agree to its contents, the will may be contested.
  • Lack of valid execution - A valid will must be signed, witnessed, and in writing. If these legal formalities weren't properly followed, the will may be challenged.
  • Forgery or fraud - A will that has been forged or created through deception is invalid. These cases often require expert analysis, such as handwriting verification or forensic investigation.

Other legal challenges (beyond validity)

Some claims do not question the will's validity but still impact inheritance outcomes:

  • Reasonable financial provision – When someone financially dependent on the deceased wasn't properly provided for (under the Inheritance Act 1975).
  • Proprietary estoppel – Where someone was promised something by the deceased, relied on that promise, and was disadvantaged when the will said otherwise.
  • Rectification – To correct mistakes in the will's drafting, such as clerical errors or misunderstandings.

Lack of testamentary capacity: a legal ground to contest a will

Testamentary capacity is the legal term used to describe a person’s mental ability to make or amend a valid will. The person creating the will is known as the testator. If the testator did not have sufficient mental capacity at the time the will was made or changed, the will may be declared invalid.

To have testamentary capacity under UK law, the person making the will must be able to:

  • Understand the nature and effect of making a will
  • Know the extent of the property they are distributing
  • Recognise and consider the claims of those who might expect to benefit
  • Not suffer from any mental disorder or delusion that affects their decisions

This legal test often becomes relevant when the testator is elderly or experiencing cognitive decline. A diagnosis of dementia does not automatically mean someone lacks testamentary capacity. However, if their condition prevents them from understanding key facts, such as how many children they have or whether those children are still alive, this could be strong evidence of incapacity.

Lack of testamentary capacity is one of the most common legal grounds for contesting a will. Supporting evidence may include medical records, witness statements from those who knew the testator at the time, and a lack of proper mental capacity checks by the person or solicitor who prepared the will. When combined, this can form the evidential basis of a successful will challenge.

Contesting a will based undue influence

Undue influence occurs when someone uses pressure, manipulation, or coercion to make or change a will in a way that benefits themselves. It is a serious legal ground for contesting a will because it undermines the testator’s true intentions.

To challenge a will on this basis, it must be proven that the testator was coerced rather than simply persuaded. Courts recognise that undue influence can take many forms, especially in emotionally dependent or vulnerable relationships.

For example, if an elderly adult relies heavily on one of her two sons for care and chooses to leave her entire estate to him. In that case, the will may still be valid, provided she made the decision independently. 

However, if that son repeatedly pressured her to change the will and threatened to stop helping her unless she did, this conduct, if proven, could amount to undue influence.

Because undue influence often occurs behind closed doors, evidence typically includes witness statements, patterns of dependency, or sudden changes to the will that disproportionately benefit one person.

When a will lacks knowledge and approval

To be valid, a will must be understood and approved by the person making it. This includes both the content of the will and the effect of their expressed wishes.

When a solicitor prepares a will, it is often read aloud to the testator before signing to ensure understanding. However, this safeguard is not always followed.

If a will is drafted under suspicious circumstances, it may not reflect the true intentions of the deceased, or they may not have fully understood its consequences. In such cases, the will could be open to challenge on the grounds of a lack of knowledge and approval.

For example, if someone gives instructions for a will but never checks or reviews the final document, that could form the basis for a legal dispute. 

The testator must know what their will contains and must actively approve it for the document to be valid.

Improper execution of a will: when formalities aren’t followed

A will is only valid if it is executed in accordance with the Wills Act 1837.

This legislation outlines strict formal requirements that must be followed for a will to be legally enforceable.

Specifically, the will must:

  • Be in writing
  • Be signed by the person making the will (the testator) or by someone else under their direction and in their presence
  • Be witnessed by at least two people present at the same time.

While most wills are written on paper, the law does not require this. A will can still be valid even if written on an unusual material, such as cloth, so long as the legal requirements are met.

However, if a will is not properly executed under the Wills Act, it may be considered invalid. In such cases, there may be legal grounds to contest the will.

Contesting a will on the grounds of forgery or fraud

Forgery and fraud are serious legal grounds for contesting a will. If the testator’s signature, part, or all of the will is forged, the will is considered invalid.

Fraud can also arise if the person making the will is misled through lies or false information. For example, if a testator is falsely told something negative about a beneficiary and removes them from the will as a result, this may constitute fraud. This type of manipulation is known as Fraudulent Calumny, where the testator’s mind is deliberately poisoned against someone.

One clear example of forgery would be creating a will without the testator’s permission, signing it on their behalf without consent, and then attempting to rely on that will after their death.

Another example involves a will that was drafted on the testator’s instructions but never signed. If someone else signs that will after the testator’s death, it may be vulnerable to challenge based on forgery or fraud.

Claiming reasonable financial provision from an estate

If you were financially dependent on the deceased before their death, you may be entitled to claim reasonable financial provision from their estate. This right is governed by the Inheritance (Provision for Family and Dependants) Act 1975.

Eligibility depends on your relationship with the deceased and whether they supported or maintained you financially. This may include dependents such as children, cohabiting partners, or other close individuals who relied on the deceased for regular financial support.

For example, if you were in a long-term relationship with the deceased, lived together, and depended on them for housing or bills but were not married, you may still be eligible to make a claim. This is especially the case if the deceased died without a will or left a will that made little or no financial provision for you.

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Proprietary estoppel claims in inheritance disputes

While most promises are not legally enforceable, an exception exists under the doctrine of proprietary estoppel. If specific legal criteria are met, the court may enforce a promise about property, even if it was never formalised in writing or included in a will.

To make a successful proprietary estoppel claim, you must show that:

The deceased made a clear promise that you would receive property (or part of it)

  • You relied on that promise
  • You suffered financial or personal loss because of that reliance
  • It would be unfair or unjust for the promise not to be honoured.

These cases often arise in farming or family business contexts. For example, a child might work for years on the family farm without pay based on a promise of future inheritance. If the parent later changes their mind or omits the child from the will, that broken promise may give rise to a proprietary estoppel claim.

Rectification of a will due to clerical error

If a will contains a clerical error—such as a mistake made when typing or copying the testator’s instructions—it may be possible to apply to the court for rectification. This allows the wording of the will to be corrected so it reflects the testator’s true intentions.

Rectification does not apply when the person drafting the will misunderstood the meaning or effect of the instructions. It applies only to clear clerical mistakes in the document’s preparation.

In such cases, the court can order the will to be corrected, ensuring that the final version accurately reflects the testator's original intentions.

What happens if there is no will?

If a person dies without a will, or if their will is declared invalid, their estate is distributed under the rules of intestacy. These legal rules establish a strict order of priority among surviving family members, starting with spouses, children, and other close relatives.

The rules of intestacy do not consider the personal wishes of the deceased or any informal promises they may have made. As a result, the estate may pass to relatives the deceased did not intend to benefit, while close friends, unmarried partners, or stepchildren may receive nothing.

Who can contest a will?

The right to contest a will depends on your relationship to the deceased and the nature of the legal challenge.

You may be eligible to bring a claim if you are:

  • A spouse or civil partner
  • A child (biological, adopted, or stepchild in some cases)
  • A cohabiting partner
  • A financial dependant
  • A beneficiary (named in the will or in a prior version)
  • Someone who was promised property or support but excluded

Each type of claim, such as lack of capacity, undue influence, or reasonable financial provision, has its own eligibility rules. If you’re unsure, it’s important to seek specialist legal advice to understand your position.

Who can make an inheritance act claim?

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can apply for reasonable financial provision from an estate, even if they were not included in the will, or the deceased died without one.

You may be eligible to make a claim if:

  • You were the deceased’s spouse or civil partner
  • You were a former spouse or civil partner who has not remarried or entered into a new civil partnership
  • You were the deceased’s child, or were treated as their child in a family setting where they acted as a parent
  • You were being financially supported—wholly or partly—by the deceased immediately before their death.

Each claim is assessed on its own facts, so legal advice is recommended to determine eligibility.

Challenging the validity of the will

To challenge the validity of a will in court, you must have legal standing, meaning you have something to gain or lose depending on the outcome of the case.

In most situations, this means either:

  • You are named in a previous version of the will as a beneficiary, or
  • You would be entitled to inherit under the rules of intestacy if no valid will exists.

Without a financial or legal interest in the estate, you may not be eligible to bring a claim. Legal advice can help confirm your standing before starting a challenge.

Who can make a proprietary estoppel claim?

Proprietary estoppel is a legal remedy used when someone is promised property and suffers a loss after relying on that promise, only for it not to be honoured. In inheritance disputes, this often applies when a person was promised property by the deceased but is left out of the will.

To bring a successful claim, you must show that:

  • The deceased promised to leave you a property (or part of one)
  • You relied on that promise
  • You suffered a financial or personal loss as a result of relying on it.

If all three elements are proven, the court may intervene to enforce the promise, often by granting you the property or equivalent value.

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How to contest a will

If you believe a will may be invalid, it's essential to gather strong evidence to support your case. The following steps are commonly used when preparing a legal challenge:

Request a copy of the will and will file

If a solicitor prepared the will, ask for the full will file. This may include:

  • Notes explaining the reasoning behind the will’s structure
  • Whether a mental capacity assessment was carried out
  • Who provided the instructions (and whether someone else introduced the solicitor)
  • Whether the will was properly signed and witnessed

These details can help identify irregularities that may support a legal challenge.

Request the testator’s medical records

If you suspect the person who made the will had issues with mental capacity, such as dementia or cognitive decline - request their medical records. These may show whether the testator was capable of understanding and approving the will at the time it was made.

Collect witness testimony 

In the absence of written evidence, testimony from people close to the testator can be vital. Witnesses may be able to describe:

  • The person’s mental state
  • Whether they appeared vulnerable
  • If someone exerted control or pressure during the will-making process

Such evidence can be key in claims involving undue influence, fraud, or lack of knowledge and approval.

What are the costs to contest a will?

The cost of contesting a will can vary based on several factors, including the complexity of the case, the solicitor's fees, and how far the dispute progresses in the legal process.

Here’s a general breakdown:

  • If the issue is resolved early through an initial letter, costs may range from £750 to £2,000.
  • If mediation or extended negotiation is required, costs typically increase to around £10,000.
  • If the case goes to court, the costs can rise significantly, sometimes exceeding £50,000, depending on the circumstances.

That said, over 95% of inheritance disputes are resolved without going to court.

Types of costs when contesting a will:

  • Legal fees – Charges for solicitor time, document preparation, legal advice, and representation
  • Court fees – Costs for filing claims, attending hearings, and court administrative expenses
  • Other expenses – Expert witness reports, medical records, barrister fees, or forensic analysis

We understand that cost clarity is critical. We prioritise transparency and will provide you with a tailored estimate based on your specific situation. Our goal is to help you resolve disputes efficiently and cost-effectively, while guiding you with legal expertise every step of the way.

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Who pays the costs when contesting a will?

In most cases, the person contesting the will, also known as the claimant, is responsible for their own legal costs. These typically include:

  • Solicitor’s fees
  • Court filing fees
  • Other related expenses (e.g. expert reports or barristers)

However, if the case is successful and proceeds to court, the judge may order that the claimant’s legal costs be paid from the deceased’s estate.

In some situations, the court may also require the losing party to pay the other side’s costs. That said, cost recovery is never guaranteed—the court has full discretion when deciding who pays.

It’s important to discuss potential outcomes with your solicitor before beginning a claim, especially if litigation is likely.

What are the time limits to contest a will?

Time limits for contesting a will depend on the type of legal claim you’re making.

In some situations, such as challenges based on fraud, undue influence, or lack of capacity there are no strict deadlines. However, most estates are distributed within 12 to 18 months after death, so it’s crucial to act early. Once assets have been shared, recovering them can become more difficult.

For claims under the Inheritance (Provision for Family and Dependants) Act 1975, such as seeking reasonable financial provision, you must take action within six months of the Grant of Probate (or Letters of Administration, if no will exists).

To protect your rights, it's always best to seek legal advice as soon as possible.

Can you contest a will after probate?

Yes, it is possible to contest a will even after probate has been granted, but doing so can be more difficult. Recovering assets may require additional legal steps if assets have already been distributed.

Whenever possible, it’s best to raise your concerns early. You can enter a legal caveat to temporarily stop the probate process if you suspect the will is invalid. This gives you time to investigate and present your claim before the estate is distributed.

Key steps include:

  • Notifying the executor as soon as you become aware of any concerns
  • Seeking legal advice to understand your position and options
  • Acting quickly—especially before probate or asset distribution occurs

If you wait until after probate is granted, the court may still hear your case, but practical complications are more likely. Every case is unique, so it’s essential to speak with a legal expert to evaluate your situation and advise on the best course of action.

Success rates of contesting a will in the UK

In our experience, over 70% of inheritance disputes pursued by our clients result in a financial benefit, often through negotiated settlement or mediation.

However, success is never guaranteed. The chances of a successful claim depend on several factors, including:

  • The legal grounds for contesting the will
  • The strength and quality of evidence
  • The legal strategy used
  • How far the case progresses (e.g. mediation vs. court)
  • The court’s jurisdiction and how the judge interprets the law

UK courts apply a high standard of proof in these cases, so it’s essential to approach your claim with strong evidence and realistic expectations. Seeking early legal advice can help assess your chances and determine the most effective path forward.

Why choose us to contest a will?

We bring deep experience in contesting wills and resolving inheritance disputes. Our lawyers specialise in contentious probate, drawing on strengths in property law, personal taxation, and dispute resolution from acorss the firm to handle even the most complex and emotionally charged cases.

As an award-winning, full-service law firm, we take a multi-disciplinary approach, working seamlessly across departments to manage any related legal issues that arise.

We are:

  • Approachable and clear – known for straightforward advice, even in difficult circumstances
  • Strategic and client-focused – delivering tailored solutions with your family, finances, and legacy in mind
  • Transparent – we’ll ensure you fully understand your options, legal position, and responsibilities at every stage

You can expect professionalism, empathy, and clarity—backed by a track record of helping clients achieve the best possible outcomes in will disputes.

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FAQs

Contesting a will can lead to a fairer outcome, but it’s not always the right decision for every situation.

Before moving forward, it’s important to carefully weigh:

  • The potential financial benefit
  • The legal costs and time involved
  • The emotional and personal impact
  • The likelihood of success, based on available evidence

Every case is different. Our experienced contentious probate solicitors will work with you to assess your position and help you decide whether contesting the will is likely to be worth it, legally, financially, and personally.

We’ll ensure you have the information and support you need to make a fully informed decision.

Not always. Many will disputes are resolved without going to court.

In fact, most cases settle through:

  • Negotiation between parties
  • Mediation or other alternative dispute resolution (ADR)
  • Out-of-court agreements, which may still require court approval in some situations (e.g. when minors are involved)

Contesting a will in the UK can be challenging, especially if the estate is complex or the evidence is limited.

To succeed, you must prove that the will is invalid on the balance of probability. This legal threshold requires strong evidence and may involve:

  • Reviewing medical records or solicitor notes
  • Investigating undue influence or lack of capacity
  • Gathering witness statements or expert reports

You can’t completely prevent someone from contesting your will but you can take clear, effective steps to reduce the risk.

Here’s how:

  • Use a qualified solicitor to draft your will professionally
  • Ensure it complies with the Wills Act 1837 and reflects your mental capacity and intentions
  • Follow proper signing and witnessing procedures
  • Consider documenting your reasoning if you are excluding someone who might otherwise expect to benefit

By taking these precautions, you help ensure your will is valid, defensible, and less likely to be successfully challenged.

In most cases, there is no fixed time limit to contest a will in the UK. However, acting quickly is essential, especially before the estate is distributed.

Most estates are administered within 12 to 18 months after death. Once assets are distributed, it can become much harder to reverse those transactions or recover your share.

To protect your rights:

  • Raise your claim as soon as possible
  • Notify the executor before distribution begins

However, if you bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you must apply within six months of the Grant of Probate (or Letters of Administration) being issued.

Yes, probate can be temporarily halted by entering a caveat against the estate. This is a legal notice that prevents the court from issuing a Grant of Probate and is often used when someone plans to contest the will.

You can file a caveat online through the Probate Registry. Once in place:

  • The executors may challenge it by filing a legal document called a warning
  • If no one responds to the warning, the caveat will be removed
  • To keep it active, you must file an Appearance in response—after that, only a court order can remove the caveat

Caveats are powerful but time-sensitive legal tools. Our probate solicitors can help you use them strategically to protect your position while preparing a legal challenge.

Yes, an executor can challenge a will, but doing so creates a conflict of interest.

If an executor believes the will is invalid (e.g. due to undue influence or lack of capacity), they must step aside from their role. This typically involves:

  • Formally renouncing their appointment as executor, or
  • Being removed through a court application

An executor cannot continue to administer the estate while simultaneously contesting the validity of the will. If you’re an appointed executor with concerns about a will, it’s essential to seek legal advice before taking any steps.

The time it takes to contest a will varies depending on the nature of the claim and how the dispute is resolved.

  • Straightforward cases may be resolved within 6 to 9 months, especially if settled out of court
  • Complex disputes—involving multiple parties, contested facts, or litigation—can take 12 to 24 months, or even longer
  • Cases that go to a full court hearing typically take the most time

Key factors that affect the timeline include:

  • The type of legal claim being made (e.g. validity, Inheritance Act, proprietary estoppel)
  • The amount and quality of evidence required
  • Whether the dispute can be resolved through negotiation or mediation, rather than litigation.

Yes, it is still legally possible to challenge a will after the Grant of Probate has been issued—even if the estate has already been distributed.

However, doing so is far more difficult. Once assets have been passed to beneficiaries, reclaiming them through legal action becomes complex, time-consuming, and less likely to succeed.

For this reason, it is strongly recommended that you:

  • Raise any concerns before probate is granted, and
  • Notify the executors of your intention to contest as early as possible.

While someone is alive, their will is private. They can change it at any time and are not legally required to show it to anyone, even family members or intended beneficiaries.

After death, the rules change:

  • Until probate is granted, only the executors named in the will are entitled to view it
  • Once probate is granted, the will becomes a public document, and anyone can request a copy from the Probate Registry

This makes most wills viewable by the public after probate.

However, there are rare exceptions—such as in the case of celebrities or members of the royal family—where a judge may order the will to remain sealed.

No. You cannot contest a will while the person is still alive.

A will is considered a private and revocable document until the testator (the person who made the will) dies. They are free to change or revoke it at any time before their death.

You can only contest a will after the person has died and the final version of the will is in effect, typically once probate proceedings begin.

Some wills now include a ‘no contest’ clause, also known as a forfeiture clause or in terrorem clause. This type of clause is designed to discourage challenges to the will.

It works like this:

  • If a named beneficiary contests the will and loses, they forfeit their inheritance under the will
  • In effect, it forces beneficiaries to choose between accepting what they’ve been given or risking everything by challenging the will

In the case of Sim v Pimlott, the court upheld a no contest clause, confirming that such provisions can be effective when properly drafted and legally valid.

If you’re thinking of including a no contest clause in your will or facing one as a beneficiary it’s essential to get legal advice. These clauses can be powerful, but they must be carefully written to hold up in court.