Losing a loved one is never easy, and the emotional challenges of bereavement can become even more difficult when questions arise about the fairness or validity of their will. Disputes over wills and inheritance are more common than many people realise, and while they can be sensitive and complex, there are clear legal routes available for those who have concerns. If you believe that a will does not reflect the true wishes of the deceased, that you have been unfairly left out, or that the document may be invalid, you may have the right to contest it. Understanding how and when to do so - and the implications of taking action - is essential. This article explains what it means to contest a will, the legal grounds for doing so, how the process works, and how professional legal support can make a crucial difference.
To contest a will means to legally challenge its validity or its terms. In simple terms, it is a process where an individual asks the court to decide whether a will should stand as written, be set aside, or be altered to ensure fairness under the law.
Most will disputes arise when someone believes they have been unfairly excluded or that the will does not truly represent the deceased’s intentions. These cases are governed by strict rules under UK law, and time limits apply, so acting quickly is vital.
Contesting a will is not about creating conflict - it is about ensuring that a person’s final wishes are carried out correctly, fairly, and lawfully.
There are several legal grounds on which a will may be challenged. Some relate to the validity of the will itself, while others concern the fairness of the inheritance received. Understanding which applies in your situation is the first step.
Lack of Testamentary Capacity
For a will to be valid, the person making it (known as the testator) must have been of sound mind at the time. They must have understood what they were doing, the extent of their estate, and the effect of their decisions.
If there are concerns that the testator was suffering from dementia, illness, or mental incapacity when the will was signed, it may be possible to argue that they lacked testamentary capacity.
Lack of Valid Execution
UK law sets out specific formalities for creating a valid will. It must be in writing, signed by the testator, and witnessed by two independent adults. If these legal requirements were not properly followed, the will may be invalid.
Undue Influence
If the testator was pressured, coerced, or manipulated into making or changing their will, this is known as undue influence. These cases can be difficult to prove, but they are taken very seriously by the courts, particularly in situations involving vulnerable individuals or where one person had significant control over the deceased.
Fraud or Forgery
Sadly, there are cases where a will has been forged or altered dishonestly. Fraud can also include misleading the testator about facts that influence their decision - for example, lying about a relative’s behaviour or intentions. Where fraud or forgery is suspected, forensic evidence and expert witness statements may be required.
Lack of Knowledge or Approval
Even if a will appears properly signed and witnessed, it can still be challenged if there is reason to believe the testator did not fully understand or approve its contents. This can occur where the will was prepared in unusual circumstances, such as by someone who stood to benefit significantly.
Claims Under the Inheritance (Provision for Family and Dependants) Act 1975
In some cases, the issue is not that the will is invalid, but that it fails to make reasonable financial provision for someone who was financially dependent on the deceased.
Under the Inheritance Act 1975, certain people - including spouses, civil partners, cohabiting partners, children, and dependants - may be entitled to bring a claim for financial provision even if they were left out of the will.
Not everyone has the right to contest a will. You must have what is known as legal standing or an “interest” in the estate. This typically includes:
- Family members who would inherit under intestacy if the will were set aside;
- Beneficiaries named in a previous will;
- Dependants who were financially supported by the deceased;
- Spouses, civil partners, or long-term cohabiting partners; and
- Executors or trustees with a duty to ensure the will’s validity.
If you are unsure whether you have the right to make a claim, a solicitor can assess your position quickly and advise whether it is appropriate to proceed.
Time is a critical factor in will disputes. The time limits vary depending on the type of claim being made:
- Inheritance Act claims - must be issued within six months of the Grant of Probate being issued;
- Claims concerning validity (such as fraud or undue influence) - usually have no strict statutory time limit but should be brought as soon as possible;
- Claims by dependants or disappointed beneficiaries - may also be subject to limitation periods.
Acting quickly not only preserves your legal rights but also makes it easier to gather evidence and prevent the estate from being distributed before the issue is resolved.
As Contentious Probate Solicitor, Nickeisha Robinson from Premier Solicitors explains:
“Time is of the essence in will disputes. Once the estate has been distributed, it becomes much harder - and sometimes impossible - to recover what may have been wrongly allocated. Seeking legal advice early gives you the best chance of protecting your position and resolving matters efficiently.”
Contesting a will involves several stages, each requiring careful preparation and professional support.
Step 1: Seek Legal Advice
The first step is to speak to a solicitor experienced in contentious probate. They will review your circumstances, the will itself, and any available evidence to determine whether you have grounds for a claim.
Early advice can often prevent unnecessary conflict and help parties reach an agreement before formal proceedings become necessary.
Step 2: Enter a Caveat
If you believe there are grounds to challenge the will, your solicitor may recommend entering a caveat with the Probate Registry. This temporarily prevents the Grant of Probate from being issued, effectively pausing the estate administration process while the dispute is investigated.
A caveat lasts for six months but can be renewed if needed.
Step 3: Investigate and Gather Evidence
The next step is to collect evidence to support your claim. This may include medical records, witness statements, solicitor’s files, or handwriting expert reports. Your solicitor will also request a copy of the will file from the firm that prepared it, which often provides valuable insights into the testator’s intentions.
Step 4: Attempt Settlement
Most will disputes are resolved out of court through mediation or negotiation. Mediation allows all parties to discuss the issues in a structured environment, guided by an independent mediator. This approach is often quicker, less stressful, and more cost-effective than court proceedings.
Step 5: Court Proceedings (If Necessary)
If a settlement cannot be reached, the case may proceed to the High Court. The judge will then decide whether the will is valid or whether changes should be made to ensure fairness.
Court proceedings can be lengthy and expensive, but they are sometimes unavoidable when serious allegations such as fraud or undue influence are involved.
The outcome of a contested will case depends on the grounds and the evidence presented. Possible results include:
- The will being declared invalid, meaning an earlier will (if one exists) takes effect;
- The estate being distributed under intestacy rules if no previous will exists;
- Specific clauses being set aside or adjusted; or
- A financial settlement being reached under the Inheritance Act.
Even when a case is resolved outside of court, settlements are legally binding and ensure that beneficiaries and dependents receive what the law determines they are entitled to.
One of the main concerns for anyone considering contesting a will is cost.
In most cases, each party initially pays their own legal fees. However, if the court finds that the will is invalid, costs may be recovered from the estate.
It is important to remember that costs can escalate quickly if disputes become prolonged or complex. This is why early legal advice and mediation are strongly encouraged.
At Premier Solicitors, we always take a pragmatic approach, as Contentious Probate Solicitor, Nickeisha Robinson explains:
“Our goal is to resolve disputes as quickly and amicably as possible. We explore every opportunity to reach agreement before going to court, because we understand that will disputes are not just about money - they’re about family relationships, legacy, and respect for a loved one’s wishes.”
While not all disputes can be avoided, careful planning and professional advice can significantly reduce the risk. Those making a will should:
- Use a qualified solicitor to ensure their will meets all legal requirements;
- Clearly explain their decisions to avoid misunderstandings;
- Keep their will updated after major life events such as marriage, divorce, or the birth of children; and
- Store the will securely and inform executors and family members where it can be found.
Transparent communication and legal precision are the best safeguards against future disagreements.
Contesting a will is rarely straightforward. It requires a detailed understanding of probate law, careful handling of sensitive family issues, and strong evidence to support any claim.
Attempting to manage the process without professional support can lead to missed deadlines, procedural errors, or emotional stress. A solicitor specialising in contentious probate can provide clear guidance, manage communications with other parties, and ensure that your claim is handled professionally and efficiently.
At Premier Solicitors, our team combines legal expertise with a compassionate approach. We understand how difficult these cases can be, and we work hard to protect our clients’ interests while minimising conflict wherever possible.
At Premier Solicitors, we have extensive experience in resolving disputes over wills, estates, and inheritance. Whether you are questioning the validity of a will, seeking reasonable financial provision, or responding to a claim against an estate, we can guide you through every step of the process.
Our services include:
- Advising on the grounds and prospects of contesting a will;
- Entering caveats and protecting estates from premature distribution;
- Negotiating and mediating disputes between beneficiaries;
- Representing clients in court proceedings when necessary; and
- Advising executors and trustees on how to manage contested estates.
Contesting a will can be an emotional and challenging experience, but it is sometimes necessary to ensure fairness and uphold the true wishes of the deceased. The key is to act quickly, seek expert legal advice, and approach the process with clarity and care.
With the right support, disputes can often be resolved efficiently and without lasting damage to family relationships.
If you are concerned about a will or believe you may have grounds to challenge one, Premier Solicitors can help. Our experienced probate and dispute resolution team will provide clear, practical advice tailored to your situation.
Call us today on 01234 358 080 or visit our contact page to send an enquiry form. We’re here to help you find the right way forward - with professionalism, compassion, and expertise.
Read more blog posts which Nickeisha has written for this website.
