Losing a loved one is difficult enough without the added stress of feeling that their Will does not reflect their true wishes - or that you have been unfairly left out. Contesting a Will is not a step anyone takes lightly, but it is a legitimate legal process that exists to protect people in exactly these situations.
This guide explains who can challenge a Will, the grounds on which a challenge can be made, and what the process involves from start to finish.
If you require support with contesting a Will today, get in touch with our expert Wills and probate solicitors at DW Harris.
Can you contest a Will in the UK?
Yes - but only in limited circumstances. A validly made Will represents the legal wishes of the person who wrote it, and the courts will not overturn those wishes lightly.
That said, if there are genuine grounds to question a Will's validity, or if someone with a claim on the estate has been left without reasonable financial provision, the law does provide routes to challenge it.
Who can contest a Will?
Not everyone is entitled to bring a challenge. The following categories of person are generally eligible to contest a Will in England and Wales:
- Beneficiaries named in the current Will or in an earlier Will that has since been superseded
- Those who would inherit under the rules of intestacy if the Will were declared invalid (typically close family members)
- Dependants of the deceased who were financially supported by them during their lifetime
- Those who were promised something by the deceased and relied on that promise to their detriment (a proprietary estoppel claim)
Grounds for contesting a Will
There are five main legal grounds on which a Will can be challenged in England and Wales. Each requires evidence, and the strength of that evidence largely determines whether a claim is likely to succeed. You can read the formal requirements for a valid Will in the Wills Act 1837.
Lack of testamentary capacity
To make a valid Will, the testator must have had testamentary capacity at the time of signing. The legal test comes from the case of Banks v Goodfellow (1870), which sets out four limbs. The testator must:
- Understand that they are making a Will and what it does
- Understand roughly what they own
- Be aware of the people who might expect to benefit from their estate
- Not be suffering from any mental disorder that distorts their judgement about these decisions
Conditions such as dementia or the effects of certain medication can call capacity into question. The key is whether the testator had the required testamentary capacity at the time of giving instructions - there is case law to suggest that a loss of capacity by the time the Will is executed is acceptable, provided capacity was present when instructions were given.
Lack of valid execution
Under the Wills Act 1837, a Will must be in writing, signed by the testator (or by someone in their presence and at their direction), and witnessed by two independent witnesses who are both present at the same time and sign in the testator's presence. Any departure from these requirements, subject to very limited exceptions, can render a Will invalid, regardless of how clear the deceased's intentions may have been.
Undue influence
Undue influence occurs when the testator was pressured, coerced, or manipulated into making or changing their Will in a way that did not reflect their genuine wishes. Unlike lack of capacity, undue influence must be actively proved - the courts will not presume it. Evidence such as controlling behaviour, the testator's vulnerability, and suspicious changes made late in life can all be relevant.
Fraud or forgery
A Will may be challenged if the document itself is a forgery, if the testator's signature was forged, or if the testator was deliberately deceived into signing something they did not understand. Fraud cases often require expert handwriting analysis or forensic document examination and, where established, can lead to criminal as well as civil consequences.
Lack of knowledge and approval
Even where a testator had capacity, a Will can be challenged if it can be shown they did not know or approve of its contents. This ground is distinct from undue influence and is particularly relevant where a Will was prepared by someone who stands to benefit from it, or where there are suspicious circumstances surrounding how it came to be signed.
Inheritance Act claims: when the Will is valid but unfair
Not every challenge is about validity. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can apply to the court for reasonable financial provision from an estate even where the Will itself is perfectly valid. Those eligible include spouses and civil partners, former spouses who have not remarried, cohabiting partners of at least two years, children of the deceased (including adult children), and anyone who was financially maintained by the deceased immediately before their death.
The court considers factors such as the claimant's financial needs, the size of the estate, and the needs of other beneficiaries. Inheritance Act claims must be brought within six months of the grant of probate, so it is important to act promptly.
How to contest a Will: the step-by-step process
- Take early legal advice. Contesting a Will is a complex area of law with strict time limits. Seeking specialist advice as soon as possible will help you understand whether you have grounds and how strong your position is.
- Enter a caveat. If probate has not yet been granted, you can lodge a caveat at the Probate Registry to prevent a grant being issued while the dispute is resolved. GOV.UK has guidance on how to do this.
- Gather evidence. Depending on the ground being pursued, this may include medical records, witness statements, correspondence, earlier versions of the Will, or expert reports.
- Pre-action correspondence and negotiation. Most disputes are resolved without going to court. Your solicitor will write to the other side setting out your position, and the parties will often engage in negotiation or formal mediation.
- Issue court proceedings if necessary. If negotiation fails, a claim can be issued in the Chancery Division of the High Court or, for smaller estates, in the County Court. A judge will consider the evidence and make a binding determination.
Time limits for contesting a Will
Acting promptly is essential. The key deadlines are:
- Inheritance Act claims: six months from the date of the grant of probate. The court can allow a late claim in exceptional circumstances, but this is not guaranteed.
- General estate claims (such as those based on lack of capacity or undue influence): up to 12 years, though delay will usually weaken your position as evidence becomes harder to obtain.
- Fraud: there is no strict time limit, but the sooner a claim is made the better. Once estate assets have been distributed to beneficiaries, recovery becomes significantly more difficult.
What is the success rate of contesting a Will in the UK?
There are no official central statistics on the success rate of contesting a Will in the UK, so figures quoted online should be treated with caution. What is clear is that the number of contentious probate claims has risen considerably in recent years, driven by factors including ageing populations, greater awareness of legal rights, and larger estates.
The good news for many claimants is that the majority of disputes are resolved through negotiation or mediation rather than a full court hearing. A settlement reached out of court is often quicker, cheaper, and less stressful than going to trial.
Where cases do reach court, the outcome depends heavily on the quality of evidence available - particularly medical records, witness testimony, and documentary evidence of the circumstances surrounding the Will's creation.
The most important factor is not statistics but the strength of your particular case. A specialist solicitor can give you a realistic assessment of your prospects before you commit to a claim.
How much does it cost to contest a Will?
The cost of contesting a Will varies depending on complexity, but it is important to understand the options available:
- Private fees: you pay your solicitor's costs as the matter progresses, regardless of outcome.
- Conditional fee agreements (no win, no fee): your solicitor's fees are only payable if your claim succeeds. These are common in contentious probate but not available in every case.
- After-the-event (ATE) insurance: taken out after a dispute has arisen to cover the other side's costs if your claim is unsuccessful.
- Costs from the estate: in some cases, particularly where the challenge is upheld, costs may be ordered to come from the estate rather than from the individual parties.
As a general rule, the losing party in court proceedings may be ordered to pay the winning side's costs, though this is not automatic and depends on the conduct of the parties throughout the dispute.
How long does contesting a Will take?
The timeline depends on whether the matter settles or proceeds to trial. Disputes resolved through early negotiation or mediation can sometimes conclude within a few months. Where court proceedings are necessary, the process is considerably longer - typically 12 to 24 months, and potentially more for complex cases. Delays can also arise if the estate is large, there are multiple parties to the dispute, or key evidence takes time to obtain.
Is it worth contesting a Will?
This is a question only you can answer, but a specialist solicitor can help you weigh the key factors: whether you have recognisable legal grounds, the value of the estate relative to the likely cost of a claim, the emotional toll of a potentially lengthy dispute, and the realistic prospects of settlement without going to court.
Many people who contest a Will are motivated not only by financial concerns but by a sense that a loved one's true wishes were not reflected. Both are legitimate reasons to seek advice. What matters most is getting an honest early assessment so you can make an informed decision about how to proceed.
Speak to our contentious probate solicitors
If you believe a Will may be invalid, or that you have not been adequately provided for, our contentious probate and inheritance disputes team at David W Harris & Co can help.
We offer a confidential initial discussion to help you understand your position and your options. With offices in Pontypridd, Talbot Green and Swansea, we provide a local, approachable service backed by specialist expertise. Contact us today to take the first step.
