Contesting a will in the UK is a big deal, but if you feel the will doesn’t reflect the deceased person’s true wishes you may need to do it. You might be concerned about how the estate is being managed, there were suspicious circumstances or you feel you haven’t been left reasonable financial provision. This guide will help you understand your legal position and what options are available.
What Does Contesting a Will Mean?
To contest a will means to bring a legal challenge against the will or its terms. You may be questioning the validity of the will, the mental capacity of the person making the will or your own right to financial provision as someone who was financially dependent on the deceased.
You may also be concerned the will was not properly executed, or written under undue influence. In some cases, a valid will may still lead to inheritance disputes, especially if you were excluded or underprovided for.
Who Can Contest a Will?
You’ll need legal standing to contest a will. That means you must be directly affected by its contents. You may be eligible if you are:
- A spouse or civil partner
- A child or stepchild
- A cohabiting partner
- A beneficiary in the current or previous will
- A family member or dependent who relied on the deceased
- Someone who was promised something that’s not in the will
If you fall into one of these groups and the will doesn’t reflect your reasonable financial needs, you may have legal grounds to take action.
Legal Grounds to Contest a Will in the UK
To bring a successful claim, you must show there are valid grounds for contesting. Common reasons include:
1. Lack of Testamentary Capacity
You can contest a will if the person who made it lacked testamentary capacity at the time. This means they did not have sufficient mental capacity to:
- Understand they were making a will
- Know what they owned
- Recognise who might reasonably expect to benefit from their deceased’s estate
Medical records, witness statements, and the opinion of a specialist solicitor may be used to show the person lacked mental capacity. Cases involving testamentary capacity undue influence are complex and often linked to other will disputes.
2. Undue Influence
If you think someone pressured, manipulated or coerced the deceased into changing their will, you may be able to argue undue influence. These cases often involve vulnerable individuals and family tension. The court will look for signs of control, dependency or isolation.
3. Lack of Legal Formalities
Under the Wills Act 1837, a will must be:
- In writing
- Properly signed by the person making it
- Witnessed by two people at the same time
If any of these legal requirements weren’t met, the will may be declared invalid. Mistakes in signing or witnessing may be considered clerical errors, but they can still affect the outcome.
4. Fraud or Forgery
Forgery can include altered signatures, tampered pages or even a completely fake document. If fraud is suspected, the court may examine handwriting, dates, and evidence from professionals such as a will writer, solicitor or probate specialists.
5. Lack of Knowledge and Approval
Even when a will meets all legal formalities, it may not be valid if the person who signed it didn’t understand or approve its contents. This often applies if someone else prepared the will without proper explanation.
Inheritance Act Claims: If You’ve Been Left Out?
If the will is valid but you haven’t been left reasonable financial provision, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 — also known as the Inheritance Act.
This is often the route for:
- Estranged adult children
- Long-term unmarried partners
- Stepchildren
- Other intended beneficiaries who were left out or received too little
These inheritance act claims are often based on your role in the deceased’s life, the size of the entire estate, and how much you relied on their support. The Act is sometimes referred to as the family and dependants act.
How Long Do You Have to Contest a Will?
Time is of the essence. There are time limits for most claims:
- Inheritance Act claims must be made within six months of the grant of probate
- Other claims (like fraud or undue influence) don’t have a fixed time limit, but the longer you wait, the harder it becomes. Early expert legal advice is strongly recommended. If needed, you may wish to seek legal advice from a solicitor familiar with contentious probate.
What Happens If You Contest a Will?
Once you start the legal process, a few things may happen:
- The will may be set aside
- An earlier will may be used instead
- If no valid will exists, the estate may pass under intestacy rules
- If your inheritance act claim succeeds, the court may award you a share of the estate
Many estate disputes settle through alternative dispute resolution, such as negotiation or mediation, avoiding full court proceedings.
What Evidence Helps Your Case?
Each type of claim needs different evidence. Depending on your situation, the following may support your case:
- Medical records showing lack of mental capacity
- Statements from carers, doctors or neighbours
- Notes from a wills expert, solicitor or other member of your legal team
- Handwriting comparisons
- Proof of promises or financial dependence
The more documentation you can get early on, the stronger your case. If needed, request legal advice as soon as possible.
Costs and Fees: What to Expect
Contesting a will in the UK can be expensive, including court fees, expert reports and legal fees. These costs involved may be:
- Paid by the estate (in some cases)
- Paid by the losing party
- Managed under a conditional fee agreement (often called “no win, no fee”)
Ask about legal expenses insurance too, as some home or credit card policies include it. Before you start, ask for a breakdown of the legal costs and how they’ll be handled if the case settles or goes to court. In rare cases, the winning party’s costs may also be covered.
Should You Contest a Will?
Contesting a will in the UK is never easy. It’s complex, emotional and often uncertain. But if something doesn’t feel right — if the will doesn’t reflect the deceased’s wishes, if you’ve been left out or if the legal process wasn’t followed — you have a right to explore your options.
Get legal advice from a specialist solicitor. Understand your legal grounds, time limits, and risks. And if it can be resolved without court proceedings, even better.
By knowing your rights, acting fast and having the right support, you’ll be in the best position to protect yourself and others who have been unfairly treated.
FAQs: Contesting a Will in the UK
Can I contest a will if I’ve been left out?
Yes, if you were financially dependent or had a close relationship with the deceased, you may be able to claim under the Inheritance Act.
Is it too late if probate has already been granted?
Not always. You can still bring most claims, but don’t delay. Seek advice as soon as possible.
Do I have to go to court?
No, many disputes are resolved through dispute resolution such as alternative dispute resolution or mediation.
What if there were mistakes in the will?
Clerical errors or failures to follow legal formalities may invalidate a will. Issue court proceedings only after seeking legal advice.
What happens if I win?
The will may be declared invalid, or you could get reasonable financial provision from the deceased’s estate.