Contesting a Will: Step-by-Step Guide
Are you considering contesting a will? There are many reasons why you may feel that your loved one’s will should be challenged. However, it's important to ensure your case meets the required legal grounds first.
To learn more about what contesting a will means, who can contest under what grounds, and the process to follow step-by-step, continue reading.
Can You Contest a Will?
You can contest a will in the UK if it meets strict legal grounds. Contesting a will can be complex, especially without help from a solicitor. For the best chance of a successful claim, you’ll need strong evidence to challenge the will's validity and guidance from a professional to ensure the process is completed correctly.
What Does Contesting a Will Mean?
Contesting a will is the legal process of challenging either the validity of a will or the distribution of an estate after someone's death. Someone can contest a will if they believe the document doesn't truly reflect the wishes of the deceased or if there are some concerns about its overall validity.
Common grounds for challenging a will often include lack of testamentary capacity, lack of knowledge and approval, undue influence, fraud, and improper execution.
What Makes a Will Valid?
Under Section 9 of the Wills Act 1837, a will is only valid if it’s:
- Completed in writing
- Signed by the testator or someone in their presence under direction
- Signed by the testator with the intention for it to be valid
- Signed in front of two witnesses who must not be beneficiaries
Even if a will is properly formatted and completed under the rules so that it's valid on form, it can still be challenged if there are other legal issues.
Who Can Contest a Will?
Any individual with a legitimate interest in a deceased person's estate can contest a will in the UK.
But more typically, it includes:
- Spouses
- Biological children
- Adopted children
- Siblings
- Executors and beneficiaries
- Beneficiaries mentioned in previous wills
- Financial dependents
- Individuals who were promised an inheritance
Although contesting a will is entirely possible, we advise only doing so with good reason to ensure the best chance of success.
Grounds for Contesting a Will
To contest a will in England and Wales, one or more specific legal grounds must be met.
Let’s take a look at some common grounds for contesting a will.
Lack of Testamentary Capacity
If the individual creating a will, known as the testator, didn't have the mental capacity to fully understand what they were doing when creating or changing their will, you can challenge it under a lack of testamentary capacity.
Essentially, this means that they didn’t understand the process or the effect their decisions would have. A common example of this is when someone creates or changes a will while battling dementia.
Lack of Knowledge and Approval
If the testator didn't understand what they were doing when creating or changing their will, you can challenge it under a lack of knowledge and approval. This means the testator was unaware of the facts, and didn't understand what the will contained or the consequences of it.
This is different to challenging the lack of testamentary capacity, as someone can still have mental capacity but still fail to understand or approve certain terms due to factors like confusion or general misunderstanding.
Improper Execution
Contesting a will on the grounds of improper execution, also known as a lack of due execution, means claiming that the document doesn't meet the required legal formalities outlined in Section 9 of the Wills Act 1837.
A will is invalid if it’s not completed in writing, signed by the testator or someone in their presence under direction, signed with the intention of being valid, and signed in front of two witnesses who aren't beneficiaries to the will.
Undue Influence or Coercion
Many individuals can sadly be taken advantage of regarding their will. If you believe that someone has been coerced or pressured into making changes to their will as a result of manipulation, you can contest their will.
Fraud or Forgery
If you believe that the will has been fabricated or the signature has been forged by someone other than the deceased, it may be a result of fraud. Like all grounds for contesting a will, you must have sufficient evidence that it’s been drafted by someone other than the deceased or that the signature has been forged, which can often prove difficult.
Financial Dependency/Inheritance Act Claims
If you were financially dependent on the deceased around the time of their death, but aren’t due to inherit a lot or nothing at all, you may be able to seek financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
How Likely is it to Successfully Contest a Will?
It’s not confirmed how likely it is to successfully contest a will, with no official statistics available for 2026.
This is likely because most disputes are resolved privately before reaching the court. The success of contesting a will is based entirely on whether you meet the legal grounds and have strong enough evidence. If you have a well-prepared case and expert legal support, you may be more successful than others.
How to Contest a Will: Step-by-Step Process
If you wish to contest a will, you must follow a few key steps to complete the process.
Step 1: Find a Solicitor
Contesting a will in the UK can be difficult, so it's important to seek professional advice from experienced solicitors to ensure the process is completed properly. Seeking early legal advice helps protect family relationships and reduces the risk of costly mistakes later on.
Step 2: Inform the Executors
If you decide to contest a will, you must inform the executors beforehand. The role of an executor is to protect the deceased's estate, so they must be notified about your decision to contest the will. Notifying executors also gives them time to pause the distribution of assets.
Step 3: File a Caveat
Filing a caveat means lodging a formal notice with the probate registry to stop the grant of probate from being issued for at least six months. This allows you time to focus on raising concerns about the will's validity, such as how it was created or changed.
Please note that a caveat should only be used if you’re disputing the legal validity of the will. It shouldn’t be used for Inheritance Act claims, which are for financial provision rather than whether a will is valid.
Step 4: Gather Evidence
To challenge a will, you must have sufficient evidence to back up your claims. Common examples of strong evidence include a copy of the will and supporting documents to strengthen your claim, such as the deceased's medical records.
A solicitor can advise you on the most effective evidence to gather, assess it on your behalf, and help you present the strongest possible case.
Step 5: Resolve the Case
Reaching an agreement may be tough, but it’s entirely possible with the right legal support. Typically, you can resolve a case through agreement with other relevant parties or with help from the court.
How Long Do You Have to Contest a Will?
The time limit for contesting a will depends on the type of claim.
- Financial provision - Six months from probate
- Validity of the will - No strict limit, but act quickly
- Trust or proprietary estoppel claims - 12 years from the date of death
However, it’s best to act fast. Regardless of the type of claim, we generally advise seeking legal advice within the first six months of probate being granted.
How Much Does it Cost to Contest a Will?
There is no fixed cost for contesting a will. The total will depend on several factors, including:
- The nature and complexity of the claim
- The amount of evidence required
- Whether the case is resolved through negotiation or goes to court
- Solicitor and court fees
As a general guide, costs are typically decided by the court at the end of proceedings:
- If you win - The court may order the other side or the estate to cover your legal costs, though this is not guaranteed.
- If you lose - You will usually be required to pay the other side's legal costs, in addition to your own.
- If you settle out of court - Costs are often agreed between the parties as part of the settlement.
As costs can escalate quickly, it's important to get a clear picture of expenses before proceeding by speaking with your solicitor.
Do You Need Legal Support Contesting a Will?
At Bell Lamb & Joynson, we have a team of dedicated experts who can confidently advise and guide you through each stage of contesting a will. Whether you're bringing a claim or defending one, our supportive contentious probate solicitors can help. We aim to resolve disputes effectively while offering sensitive, practical support at every stage.
Contact our friendly team of contentious probate solicitors today to find out more about how we can assist you.
FAQs
Can I prevent someone from contesting a will in the UK?
If you’re wondering how to prevent someone from contesting a will in the UK, the answer is you can’t.
However, you can take proactive steps to make their claim far less likely to succeed by seeking specialist legal advice, ensuring the will is properly drafted and legally robust, and having a solicitor ready to defend any challenge. By doing this, you place yourself in a strong position to protect the estate and uphold the testator's wishes.
Are there any alternatives to contesting a will?
Yes, there are a few alternatives to contesting a will if you want to avoid costly court cases:
- Negotiation - Discussions between parties to come to a reasonable solution.
- Mediation - Working with a mediator to save money and time.
- Arbitration or conciliation - Having an arbitrator or conciliator act as a neutral third party to help resolve a dispute.
In many cases, mediation offers a less confrontational and cheaper option to those seeking to achieve a settlement.
Can I contest a will after probate?
Yes, you can contest a will after probate, but doing so can be more complex and costly because the assets have already been distributed.
Can I stop a will from going to probate?
No, you cannot stop a will from going to probate, but you can temporarily pause the process for six months initially by entering a caveat.
Can a will be contested before death?
No, a will cannot be contested before death, as the document holds no legal effect until the person passes away.