Contesting a Will: A Complete Guide to Challenging a Will in the UK

Contesting a will in the UK can be an emotionally and legally complex process. Whether you’re an excluded beneficiary or a concerned family member, understanding your rights is crucial. This guide explains how to contest a will, what grounds exist for making a challenge, and the legal procedures you’ll need to follow. If you believe a will is invalid or unjust, it’s essential to act quickly and get expert advice.

At Axis Solicitors, our team of experienced dispute solicitors is here to provide expert legal advice and representation across England and Wales. This guide is designed to empower you with the knowledge to make informed decisions.

Grounds for Contesting a Will in the UK

Contesting a will isn’t just about feeling unfairly treated. UK law recognises specific legal grounds on which a will can be challenged. These grounds are rooted in the principle that a valid will must reflect the free, informed, and voluntary intentions of the person who made it (the “testator”).

Here are the key legal grounds for contesting a will in the UK:

1. Lack of Testamentary Capacity

To make a valid will, the testator must have had the mental capacity to:

• Understand the nature and effect of making a will

• Know the extent of their estate

• Recognise and consider potential beneficiaries

• Not be suffering from any mental illness that distorted their judgment

This is known as the Banks v Goodfellow test. If there’s evidence of dementia, psychiatric illness, or cognitive decline at the time the will was made, it may form the basis for a challenge.

2. Lack of Proper Execution

A will must meet the requirements set out in the Wills Act 1837, which include:

• It must be in writing

• It must be signed by the testator (or someone authorised to sign on their behalf)

• The signature must be made or acknowledged in the presence of two witnesses

• Both witnesses must be present at the same time and sign the will in the presence of the testator

If these conditions are not met, the will may be considered invalid.

3. Undue Influence

If someone exerted pressure on the testator to change their will in a way that does not reflect their true intentions, it may be considered undue influence. This often arises in cases involving:

• Elderly or vulnerable individuals

• Isolated testators who rely on caregivers or family members

• Sudden or unexpected changes in will provisions

Proving undue influence is difficult, as direct evidence is rare. Suspicious circumstances, coercion, or a dominant relationship may help support a claim.

4. Fraud or Forgery

If the will is forged or signed under false pretences, it can be challenged. Common examples include:

• Fake signatures

• Substituted pages or altered clauses

• Wills signed under false information provided to the testator

Expert handwriting analysis or digital forensics may be needed to prove fraud.

5. Lack of Knowledge and Approval

Even if a will is properly signed and executed, it may be invalid if the testator didn’t understand or approve of its contents. This may occur if the will:

• Was prepared by someone else without full explanation

• Contains unexpected or unusual provisions

• Was signed by someone who was blind, illiterate, or otherwise unable to review the document

Suspicious circumstances can trigger this ground for challenge.

6. Inheritance Act 1975 Claims

In some cases, a will may be valid but still unfair. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim “reasonable financial provision” from the estate, including:

• Spouses or civil partners

• Children (including adult children)

• People who were financially dependent on the deceased

• Cohabiting partners (who lived with the deceased for at least two years)

These claims are not about the validity of the will but rather its fairness and impact on dependants.

Who Can Contest a Will in the UK?

Not everyone can challenge a will. UK law restricts eligibility to those with a genuine interest in the estate or legal standing under probate or inheritance law. Understanding whether you have the right to contest a will is the first step.

Here are the key categories of individuals who can legally contest a will:

1. Beneficiaries Named in the Will

If you are named in the will but believe it was tampered with, made under undue influence, or executed incorrectly, you may have grounds to contest it. This includes situations where:

• The share you were promised is missing or smaller than expected

• A more recent will excludes you unfairly

• There is suspicion of forgery or fraud

2. Individuals Who Would Inherit Under Intestacy

If the will is declared invalid, the estate falls under intestacy rules. Therefore, anyone who would inherit under these rules — usually close family like children, spouses, or siblings — may have the right to challenge the current will if they suspect it’s invalid.

3. Family Members and Dependants

Under the Inheritance (Provision for Family and Dependants) Act 1975, the following people can claim for reasonable financial provision:

• Spouse or civil partner of the deceased

• Former spouse or civil partner (if they haven’t remarried)

• A child of the deceased (minor or adult)

• Anyone treated as a child by the deceased

• Anyone being maintained by the deceased financially

• A cohabiting partner living with the deceased for at least two years before death

These claims are not about invalidating the will, but about changing how the estate is distributed to ensure fairness.

4. Executors and Administrators

While not usually claimants, executors or administrators of the estate may become involved in defending will disputes. If they discover a will may be invalid or if multiple wills are in question, they can apply for directions from the court.

5. Other Interested Parties

In some rare cases, distant relatives, business partners, or charities who believe they were intended to benefit from the estate may also have grounds to challenge, though this often requires strong supporting evidence.

Time Limits for Contesting a Will

Timing is critical when contesting a will in the UK. If you miss the legal deadline, you could lose your right to challenge the will altogether. The time limits depend on the type of claim you’re making and the legal grounds on which you’re contesting.

Here’s a breakdown of the key deadlines:

1. Inheritance Act Claims – 6 Months from Grant of Probate

If you’re making a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you have six months from the date of the grant of probate (or letters of administration, if there is no will).

• Extensions may be granted by the court, but only in exceptional circumstances.

• It’s crucial to act early and consult a solicitor as soon as probate is granted.

2. Claims Based on Fraud – No Time Limit

If you believe the will is the result of fraud (e.g. forged signature, fake document), there is no time limit. However, the longer the delay, the harder it may be to gather evidence or reverse probate decisions.

3. Claims for Rectification – 6 Months

Under Section 20 of the Administration of Justice Act 1982, if you’re seeking to rectify a clerical error or a failure to reflect the testator’s instructions, the claim must be brought within six months of the grant of probate.

4. Contesting on Grounds of Invalidity – As Soon As Possible

If you’re challenging the will due to:

• Lack of testamentary capacity

• Undue influence

• Lack of proper execution

• Lack of knowledge and approval

There’s no statutory deadline — but the general legal expectation is that you act promptly and without delay. Delays can weaken your claim, especially if the estate has already been distributed.

5. Caveats – Temporary Block on Probate

If you need time to investigate concerns before formally contesting a will, you can enter a caveat. This stops probate from being granted for 6 months, giving you breathing room to gather evidence and seek legal advice. A caveat can be extended if necessary.

The Process of Contesting a Will

Contesting a will involves a structured legal process. While each case is unique, the steps below outline the standard progression from suspicion to potential court proceedings. Acting strategically—and early—is key.

1. Seek Legal Advice

Before taking action, speak to a solicitor who specialises in contentious probate or visit GOV.UK for more information on this matter. By contacting a solicitor they’ll help you assess:

• Whether you have a valid claim

• What evidence is required

• Which legal grounds apply

• The likely risks and costs

Early legal advice can prevent costly mistakes and improve your chance of a successful outcome.

2. Enter a Caveat (If Probate Hasn’t Been Granted)

If you suspect the will is invalid and probate has not yet been granted, you can lodge a caveat with the Probate Registry. This prevents the executor from obtaining probate for six months, giving you time to investigate and prepare your case.

• A caveat costs £3 and can be renewed indefinitely

• It should not be used for Inheritance Act claims—only to stop probate due to validity concerns

3. Gather Evidence

Your solicitor will help you collect and assess the evidence needed to support your claim. This may include:

• Medical records of the testator (for capacity or undue influence cases)

• Witness statements from friends, family, or carers

• The will itself and any earlier versions

• Solicitor’s notes and correspondence

• Financial records

• Expert opinions (e.g. handwriting analysis)

Strong documentary evidence is crucial in any contesting a will case.

4. Send a Letter of Claim

This is the formal start of the dispute. Your solicitor sends a letter outlining:

• Your identity and interest in the estate

• The legal grounds for your claim

• A summary of evidence

• What outcome you are seeking (e.g. invalidation of the will, financial provision)

• A request for a response within a set timeframe

This follows the Pre-Action Protocol for Contentious Probate, which encourages early resolution.

5. Executor’s Response and Disclosure

The executor (or their solicitor) may:

• Dispute your claim

• Provide disclosure of relevant documents

• Offer to negotiate a settlement

• Agree to pause proceedings for mediation

This exchange helps both parties understand the strength of their positions.

6. Attempt Mediation or Alternative Dispute Resolution (ADR)

Before going to court, many disputes are settled through mediation. This can save time, legal fees, and emotional stress. A neutral third-party mediator helps both sides reach a compromise.

• Mediation is confidential and non-binding until an agreement is signed

• If successful, it can avoid a drawn-out court battle

7. Issue Court Proceedings

If no agreement is reached, your solicitor may file a claim in the High Court (Chancery Division). The court process includes:

• Submitting a claim form and particulars of claim

• Defence and counterclaims by the opposing party

• Case management conferences

• Disclosure of documents

• Witness evidence and expert reports

• A final trial before a judge

Contesting a will in court can take many months or even years, depending on complexity.

What Evidence Do You Need to Contest a Will?

To successfully challenge a will, you must present strong, credible evidence. Courts will not overturn a will lightly, especially if it appears valid on the face of it. The burden of proof lies with the person contesting the will, and the type of evidence needed depends on the grounds of your claim.

Here’s a breakdown of the types of evidence commonly used:

1. Medical Records

If your challenge is based on lack of testamentary capacity, you’ll need medical evidence to show the testator may not have understood the will when it was signed.

This can include:

• GP records

• Psychiatric assessments

• Hospital notes

• Expert opinions from a neuropsychologist or geriatrician

Medical timelines are especially important if the testator had dementia, cognitive decline, or was under medication.

2. Witness Statements

Witness accounts are essential in almost every type of will dispute. Statements may come from:

• Friends or relatives who observed the testator’s state of mind

• Carers or health workers

• Individuals who witnessed the will signing

• Solicitors who drafted the will

First-hand accounts can help prove undue influence, lack of knowledge and approval, or suspicious circumstances.

3. Solicitor’s Files and Notes

If the will was drafted by a solicitor, their file can be vital. It may contain:

• Notes of instructions given by the testator

• Evidence the testator understood what they were signing

• Records of previous wills

• Email correspondence or client meeting notes

A solicitor’s failure to follow good practice may support claims of negligence or lack of proper execution.

4. Earlier Versions of the Will

Comparing the disputed will with earlier versions may highlight inconsistencies or sudden changes. These may raise questions about:

• Motivation for the change

• External pressure or influence

• Whether the testator was aware of what they were signing

Substantial changes in favour of one beneficiary—especially late in life—often trigger scrutiny.

5. Expert Reports

Depending on the dispute, you may require independent expert evidence, such as:

• Handwriting analysis – to verify or refute signature authenticity

• Medical experts – to assess capacity or mental health

• Language experts – if the testator didn’t speak English fluently

Experts must meet the standards of the Civil Procedure Rules and be approved by the court.

6. Financial Records and Bank Statements

Financial documentation can support claims of undue influence or fraud. For instance:

• Sudden withdrawals or gifts before death

• Changes to account signatories

• Transactions that appear out of character

This evidence may also be used in Inheritance Act claims to show dependency or financial hardship.

7. Digital Evidence

Emails, text messages, voicemails, or even social media posts can be relevant in some cases—especially if they contain the testator’s intentions, concerns, or communications with beneficiaries.

What Happens If a Will Is Declared Invalid?

If the court decides that a will is legally invalid, it is treated as though it never existed. The consequences for the distribution of the estate can be significant, especially when there are multiple claimants or earlier versions of a will.

Here’s what typically happens after contesting a will successfully:

1. A Previous Will May Take Effect

If an earlier valid will exists, the estate will usually be distributed according to that document. The court will:

• Examine the previous will to confirm its validity

• Apply its terms to distribute assets, liabilities, and responsibilities

• Appoint executors named in the earlier will (if possible)

This scenario is common in cases where a newer will was made under undue influence or while the testator lacked capacity.

2. The Estate Falls Under Intestacy Rules

If no valid previous will is found, the estate is distributed under the rules of intestacy in England and Wales. This means:

• Spouses and civil partners inherit first

• Children (including legally adopted children) inherit next

• If no close family exists, more distant relatives may inherit

• Unmarried partners or stepchildren receive nothing unless named in a valid will or successful under the Inheritance Act

This outcome often leads to disputes, especially when long-term partners or carers are excluded.

3. Redistribution Can Be Contested Again

Even after a will is set aside, new disputes can arise over the new distribution—particularly under the Inheritance (Provision for Family and Dependants) Act 1975. For example:

• A dependent may feel the intestacy distribution is unfair

• A new set of beneficiaries might face competing claims

• Executors may refuse to distribute until all legal issues are resolved

Each scenario needs to be reviewed on its facts and legal standing.

4. Executors or Administrators Change

If the will is declared invalid, the appointed executors may no longer be authorised. In that case:

• New executors (from a prior will) or administrators (under intestacy) are appointed

• The estate’s administration must start again

• Any previous grants of probate may be revoked

This can significantly delay the probate process and increase costs.

5. Legal and Financial Consequences

Once a will is invalidated, any distributions already made under that will may need to be recovered. This can lead to:

• Claims against beneficiaries who received assets wrongly

• Complex tracing of distributed assets

• Possible court enforcement orders

The longer it takes to resolve, the more difficult and costly the process can become.

Frequently Asked Questions

Is contesting a will the same as challenging its validity?

Not exactly. Contesting a will usually refers to any legal dispute over a will, which includes both challenging its validity (e.g. for fraud or undue influence) and seeking changes under the Inheritance Act 1975. Challenging a will’s validity means you’re claiming the will is not legally enforceable and should be disregarded altogether.

What are the most common reasons for contesting a will?

The most common grounds for contesting a will include:

• The testator lacked mental capacity

• The will was signed under undue influence

• It was not properly executed under UK law

• The testator did not understand or approve its contents

• The will is a forgery or was made under fraud

• You were financially dependent on the deceased and unfairly left out

Each of these requires different types of legal evidence and strategy.

Can anyone contest a will?

No. You must have legal standing—which means a direct interest in the estate. This usually includes:

• Individuals named in the will

• Family members or dependants

• People who would benefit under intestacy rules

• Those financially maintained by the deceased

• People named in a previous will

If you’re unsure whether you qualify, seek legal advice before contesting a will.

How long do I have for contesting a will?

Timing depends on the nature of your claim:

• Inheritance Act 1975 claims: 6 months from grant of probate

• Fraud or forgery claims: No set time limit

• Claims about execution or capacity: Act as soon as possible

• Rectification of a will: 6 months from probate

To protect your right to challenge, consider lodging a caveat early on to pause the probate process.

How much does contesting a will cost?

The cost of contesting a will varies depending on complexity, evidence, and whether the case goes to court. Legal fees can range from a few thousand pounds (for settlement) to tens of thousands (for full trials). Costs may include:

• Solicitor and barrister fees

• Court fees

• Expert witness costs

• Mediation expenses

In some cases, costs may be recovered from the estate if the court finds your claim justified.

Will I need to go to court?

Not always. Many contesting a will cases settle through negotiation or mediation. Courts encourage parties to resolve disputes without litigation. However, if no agreement is reached or the other party disputes your claim, the matter may proceed to the High Court (Chancery Division).

What are my chances of success when contesting a will?

Success depends on the strength of your evidence and the legal ground for your claim. For example:

• Claims of lack of capacity are more successful with strong medical evidence

• Undue influence is harder to prove without direct or circumstantial evidence

• Inheritance Act claims succeed when the claimant can show financial need and dependency

Having a skilled solicitor who specialises in contesting a will greatly increases your chances.

What if the will is unfair but legally valid?

If the will is valid but excludes you unfairly, you may still be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This allows eligible individuals to seek a financial award from the estate, even if the will is enforceable.

Can a will be contested after probate has been granted?

Yes, but it’s more difficult. Once probate is granted, the estate may already be in the process of being distributed. You can still challenge the will, but you may need to:

• Apply for the revocation of probate

• Prove compelling reasons for the delay

• Act quickly to prevent full distribution of assets

Early action is crucial when contesting a will after probate.

What happens if contesting a will fails?

If your claim fails, the court may:

• Uphold the existing will

• Order you to pay legal costs

• Dismiss your challenge with no changes to the estate

This is why it’s essential to assess the merits of your claim before taking legal action.

Need Help Contesting a Will? Speak to Axis Solicitors Today

Contesting a will is a serious legal step—one that demands precision, experience, and a deep understanding of UK probate law. Whether you’re facing an unfair exclusion, concerned about undue influence, or seeking rightful provision under the Inheritance Act, Axis Solicitors is here to help.

We’ve helped clients across England and Wales protect their inheritance rights, challenge fraudulent or unfair wills, and achieve fair resolutions—both in and out of court.

Take action now. Contact Axis SolicitorsThe sooner you seek legal advice, the stronger your position will be.