Contesting a Will, Grounds, Time Limits and What to Expect
If you've been left out of a Will, or the terms don't seem to reflect what you'd expect, you may be wondering whether you can challenge it. There's a real difference between a Will simply feeling unfair and there being valid legal grounds to contest it. Here's how to tell the two apart.
Can a Will be contested?
Quick summary: Yes, but only on specific legal grounds, not simply because you feel hard done by. There are two separate routes. You can challenge whether a Will is legally valid at all, on grounds like improper signing, lack of capacity, or undue influence. Or, if the Will is entirely valid, certain people can still bring a claim for reasonable financial provision under a separate law. They work very differently, and it's worth understanding which one might apply to you.
Most people who get in touch about this have been left out of a parent's or relative's Will, or think an earlier Will should apply instead. It's an emotional situation as much as a legal one, and it helps to understand the realistic picture before deciding whether to take it further.
Grounds for challenging the validity of a Will
To challenge a Will's validity itself, one of the following needs to apply. These are the grounds the court will actually consider.
- Execution. Was the Will signed and witnessed correctly? Getting this wrong, for example a witness who wasn't present at the signing, can make a Will void regardless of what it says.
- Testamentary capacity. Did the person understand they were making a Will, know the value of their estate, understand who might reasonably expect to benefit, and were they free of any condition affecting their decision-making? These claims come up most often where dementia or memory concerns existed at the time.
- Knowledge and approval. Did the person actually understand what they were signing, and did the content genuinely reflect their wishes?
- Undue influence. Was the person pressured or coerced into making the Will say something they wouldn't otherwise have chosen?
- Forgery and fraud. Was the Will forged, or based on false information deliberately fed to the person about someone else's character or behaviour?
If a court decides a Will is invalid on one of these grounds, the person's last known valid Will applies instead. If there's no earlier valid Will, the intestacy rules take over.
What if the Will is valid, but you think it's unfair?
This is where most enquiries actually sit. The Will was properly made, but you've been left out, or left much less than you expected. In that situation, challenging its validity won't help, since there's nothing wrong with it. Instead, certain people can bring a separate claim under the Inheritance (Provision for Family and Dependants) Act 1975, if they believe reasonable financial provision hasn't been made for them.
We've covered who's eligible to bring this kind of claim, and how it works, in full on our page about excluding someone from a Will, written from the perspective of someone planning their own estate. The eligible categories, spouses, children, cohabiting partners of two years or more, and financial dependants, apply equally whichever side of the situation you're on.
How to start a challenge, and the time limits that matter
If you're questioning a Will's validity before probate has been granted, you (or a solicitor acting for you) can lodge a caveat at the Probate Registry. This prevents a Grant of Probate being issued while the concern is looked into, and typically lasts six months, renewable if needed.
For a claim under the 1975 Act, the time limit is far stricter: normally six months from the date of the Grant of Probate. The court has some discretion to allow a late claim in limited circumstances, but you shouldn't rely on that. If you're considering either route, timing matters more than almost anything else.
It's also worth going in with realistic expectations about cost and risk. Contesting a Will, on either basis, means the estate's executors and beneficiaries will need to defend the claim, which can be expensive and slow for everyone involved, win or lose. Courts actively encourage mediation before matters reach a full hearing, and many disputes do settle that way rather than going the distance.
Thinking about contesting a Will?
Contesting a Will is a specialist, contentious probate matter, and it's not something we act on directly. We're happy to talk through the general picture with you and point you towards the right kind of specialist support for your situation.
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