When someone dies leaving a will, it is often assumed that their estate will simply be distributed in line with the wishes set out in that document. In many cases, this is what happens. The executors apply for probate, collect the estate assets, pay any debts and distribute the remaining estate to the named beneficiaries. However, not every will is accepted without question. Concerns may arise about whether the will is valid, whether the person making it understood what they were signing, whether pressure was placed on them, or whether someone has been unfairly excluded. In these circumstances, a will may be contested. Contesting a will can be legally and emotionally complex. It often involves family relationships, financial expectations, grief and questions about the deceased person’s true intentions. Understanding when a will can be challenged, who may be able to bring a claim and what evidence may be required is essential before taking any action.
Contesting a will means raising a legal challenge connected to the validity, interpretation or effect of the will. In some cases, the challenge may be that the will itself is invalid. If successful, the will may be set aside. This could mean that an earlier valid will takes effect, or, if there is no earlier will, that the estate is distributed under the rules of intestacy.
In other cases, the will may be valid, but someone may argue that it does not make reasonable financial provision for them. This is a different type of claim and does not necessarily involve proving that the will is invalid.
There may also be disputes about how the will should be interpreted, whether executors are administering the estate properly, or whether certain assets should be included in the estate.
A will can be contested if there are proper legal grounds to do so. It cannot usually be challenged simply because someone is disappointed with what they have received. The law allows people to decide who should inherit from their estate. However, that freedom depends on the will being validly made and reflecting the true intentions of the person making it.
Where there is evidence that something may have gone wrong, such as concerns over capacity, pressure, fraud or incorrect signing, the will may be investigated and potentially challenged.
The strength of any claim will depend on the facts, the evidence available and the type of challenge being brought.
There are several recognised grounds for contesting a will. These include lack of testamentary capacity, lack of proper execution, undue influence, fraud, forgery, lack of knowledge and approval, and claims for reasonable financial provision.
Each ground has its own legal test. Suspicion alone is rarely enough. Will disputes often depend on medical records, witness evidence, solicitor files, correspondence and the circumstances surrounding the making of the will.
One of the most common reasons for contesting a will is concern that the person making it did not have the necessary mental capacity. To make a valid will, a person must broadly understand what a will is, what assets they are dealing with and who might reasonably expect to benefit from their estate. They must also not be affected by a disorder of the mind that influences their decisions.
Concerns about capacity often arise where the deceased was elderly, seriously ill, diagnosed with dementia, experiencing memory problems or taking medication that may have affected decision-making.
However, a diagnosis alone does not automatically mean a person lacked capacity. Capacity is specific to the decision being made and the time it was made. Medical records, GP notes, capacity assessments and solicitor attendance notes may all be relevant.
A will must meet certain formal requirements to be valid. In England and Wales, it must be in writing, signed by the person making it, and witnessed correctly by two witnesses who are present at the same time. If these requirements are not followed, the will may be invalid.
Disputes over execution can arise where there are questions about whether the deceased actually signed the will, whether the witnesses were present together, or whether the signing process was carried out correctly.
These issues are more common with homemade or online wills, but even professionally prepared wills can be challenged where there is evidence that the legal formalities were not followed.
A will may be contested if there is evidence that the deceased was pressured or coerced into making it. Undue influence is not the same as persuasion or family disagreement. It usually requires evidence that the deceased’s free will was overborne.
These claims can be difficult to prove because pressure often happens privately. The court may need to look at the surrounding circumstances, such as dependency, isolation, sudden changes to a will, exclusion of close relatives or the involvement of a beneficiary in arranging the will.
For example, concerns may arise where a vulnerable person changes their will shortly before death in favour of someone who controlled access to them or managed their affairs.
A will can also be challenged if there are concerns that it was forged, created fraudulently or did not reflect what the deceased understood. Forgery may involve a false signature or a document being presented as genuine when it was not signed by the deceased. Fraud may involve misleading the deceased into making a will based on false information.
Lack of knowledge and approval is slightly different. This may arise where the person making the will had capacity and signed the document, but did not properly understand or approve its contents.
This can be relevant where the will is unusual, very different from previous wishes, prepared in suspicious circumstances or made when the deceased relied heavily on someone else.
Being left out of a will does not automatically mean the will can be challenged. However, certain people may be able to bring a claim if the will does not make reasonable financial provision for them.
This type of claim is usually brought under the Inheritance (Provision for Family and Dependants) Act 1975. It does not necessarily argue that the will is invalid. Instead, it asks whether the outcome of the will provides reasonable financial provision in the circumstances.
People who may be eligible include spouses, civil partners, former spouses or civil partners who have not remarried or entered into a new civil partnership, children, people treated as children of the family, cohabiting partners who lived with the deceased for the required period and people who were financially maintained by the deceased.
The outcome will depend on factors such as financial need, the size of the estate, the needs of other beneficiaries and the nature of the relationship with the deceased.
Who can contest a will depends on the type of claim. Someone who would benefit if the will were invalid may have grounds to challenge its validity. This could include a beneficiary under an earlier will or someone who would inherit under intestacy.
For an Inheritance Act claim, only certain categories of people are eligible. These claims focus on financial provision rather than whether the will itself is valid.
Because the right to bring a claim can be complex, it is important to take advice before assuming that you can, or cannot, contest a will.
If there are concerns about a will, it may be possible to stop a probate application temporarily by entering a caveat. A caveat prevents a grant of probate from being issued while concerns are investigated. This can be useful where there is a dispute about whether the will is valid or who is entitled to apply for probate.
A caveat should not be used simply to delay an estate without proper grounds. It is intended to allow time for genuine concerns to be reviewed.
If probate has already been granted, different steps may be required. Early advice is therefore important where a dispute is likely.
Time limits depend on the type of claim being made. For Inheritance Act claims, the usual deadline is six months from the date of the Grant of Representation. Claims can sometimes be brought outside this period, but only with the court’s permission.
For validity challenges, the time limits can vary. However, delay can still create serious practical problems. The estate may be distributed, evidence may become harder to obtain and the dispute may become more difficult to resolve.
Anyone considering contesting a will should seek advice as soon as possible.
Many will disputes are resolved without a full court trial. Solicitors may exchange evidence, request the will file, review medical records and negotiate a settlement.
Mediation is also commonly used in contentious probate matters. It can help parties reach a practical agreement without the cost, stress and uncertainty of court proceedings.
However, some disputes do require court involvement, particularly where there are serious concerns about validity, substantial financial issues or entrenched family conflict. A measured, evidence-led approach is usually the most effective way to resolve a will dispute.
No will can be made completely dispute-proof, but careful planning can reduce the risk of future challenges. A professionally drafted will, clear records, capacity assessments where appropriate and proper signing procedures can all help demonstrate that the will was validly made.
It is also sensible to review a will regularly, particularly after major life events such as marriage, divorce, the birth of children, bereavement, property purchases or changes in family relationships.
Where someone chooses to exclude a close family member or make an unexpected gift, professional advice is especially important. A clear record of the reasons behind the decision may help reduce uncertainty after death.
A will can be contested where there are proper legal grounds to do so. This may include concerns about capacity, undue influence, fraud, forgery, incorrect signing or lack of knowledge and approval. Separately, certain people may be able to bring a claim if the will fails to make reasonable financial provision for them.
However, a will cannot usually be challenged simply because someone is unhappy with their inheritance. Successful claims require a clear legal basis and supporting evidence.
Will disputes can be emotionally difficult and legally complex. Early advice is important, particularly where probate has not yet been granted or where strict time limits apply.
Understanding the available options can help families, beneficiaries and executors approach disputes with greater clarity and confidence.
At Premier Solicitors, our experienced probate and contentious probate solicitors advise clients on will disputes, Inheritance Act claims and estate administration issues.
We help individuals understand whether they may have grounds to contest a will, what evidence may be needed and how best to resolve the dispute. We also advise executors and beneficiaries where a will is being challenged and the estate needs to be protected.
Our team provides clear, practical advice during what is often a sensitive and difficult time, helping clients understand their legal position and move forward with confidence.
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