When someone you love has died and you believe their will does not reflect their true wishes — or that it was made under circumstances that call its validity into question — you may have grounds to contest it. This is a serious legal step, and the law in England and Wales sets out specific routes for doing so.
This guide explains who can challenge a will, the legal grounds available, the time limits that apply, and what the process involves from start to finish. If you are considering contesting a will, getting specialist legal advice early is the single most important thing you can do.
Who can contest a will
There is no single rule about who can contest a will. The answer depends on which legal route you are using.
Challenging the validity of the will itself — anyone with a legitimate interest in the estate can raise a validity challenge. In practice, this usually means beneficiaries named in an earlier will, people who would inherit under the intestacy rules if the will were set aside, or executors of a previous will. The key requirement is that you would be affected by the outcome.
Making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 — this is a different route entirely. Rather than arguing the will is invalid, you are asking the court to override a valid will because it does not make reasonable financial provision for you. Only certain categories of people can bring this claim:
- The spouse or civil partner of the deceased
- A former spouse or civil partner who has not remarried or formed a new civil partnership
- A person who lived with the deceased as their spouse or civil partner for at least two years immediately before the death (section 1(1A) of the Inheritance (Provision for Family and Dependants) Act 1975)
- A child of the deceased
- A person treated by the deceased as a child of the family (for example, a stepchild)
- Any person who was being maintained, either wholly or partly, by the deceased immediately before the death
Creditors can also challenge a will or the administration of an estate if they believe their debts are not being properly addressed, though this is a less common route.
Grounds for contesting a will
There are several distinct legal grounds for challenging the validity of a will in England and Wales. Each ground has its own legal basis and its own evidential requirements.
| Ground | Legal basis | What you need to show |
|---|---|---|
| Lack of testamentary capacity | Banks v Goodfellow (1870) LR 5 QB 549 | The person making the will did not understand what a will is, the extent of their estate, the claims of those who might expect to benefit, or was suffering from a mental disorder that affected their decisions |
| Lack of valid execution | Wills Act 1837, section 9 | The will was not properly signed by the testator, or was not signed in the presence of two witnesses who were both present at the same time |
| Lack of knowledge and approval | Common law | The person who signed the will did not know or approve its contents — for example, they signed a document without understanding what it said |
| Undue influence | Common law | Someone coerced or pressured the testator into making or changing the will in a way that benefited the influencer, overriding the testator's own free will |
| Fraud or forgery | Common law | The will was forged, or the testator was deceived into signing it — for example, being told it was a different document |
| Fraudulent calumny | Common law | Someone poisoned the testator's mind against a beneficiary by making false statements about them, causing the testator to change the will |
Testamentary capacity
The legal test for whether someone had the mental capacity to make a will comes from the 1870 case of Banks v Goodfellow. The testator must have understood four things: the nature of making a will, the extent of their property, the people who might reasonably expect to benefit, and the effect of the provisions they were making. They must also have been free from any mental disorder that distorted their judgement.
This remains the leading test in England and Wales. The Mental Capacity Act 2005 has not replaced it for will-making purposes, though courts may use the Act’s framework as a cross-check (Baker v Hewston [2023] EWHC 1145 (Ch)).
Medical evidence is almost always needed — typically GP records, hospital notes, or a retrospective assessment by a medical expert.
Proper execution
Section 9 of the Wills Act 1837 sets out the formalities a valid will must meet. It must be in writing and signed by the testator (or by someone else at their direction). The signature must be made or acknowledged in the presence of two witnesses, both present at the same time. Each witness must then sign the will in the presence of the testator.
If any of these requirements were not met — for example, if only one witness was present, or if the testator’s signature was added after the witnesses had left — the will is invalid.
Undue influence
Undue influence means that someone exerted such pressure on the testator that the will reflects the influencer’s wishes rather than the testator’s own. This is one of the hardest grounds to prove, because the person best placed to give evidence — the testator — is no longer alive. The burden of proof falls on the person alleging influence, and the court requires evidence that goes beyond mere persuasion or encouragement.
Making a family provision claim
A claim under the Inheritance (Provision for Family and Dependants) Act 1975 is different from a validity challenge. You are not saying the will is invalid — you are saying it fails to make reasonable financial provision for you, and you are asking the court to order provision from the estate.
The court has wide discretion. It will consider your financial needs and resources, the size of the estate, any obligations the deceased had towards you, any physical or mental disability you have, and any other relevant matter. For a surviving spouse or civil partner, the court considers what you would have received on divorce. For all other applicants, the test is whether the will (or intestacy) provides enough for your maintenance.
If the court agrees, it can order a lump sum payment, transfer of property, income from the estate, or a variation of the terms of any trust created by the will. The range of orders available is set out in section 2 of the 1975 Act.
Family provision claims are particularly relevant for cohabiting partners, adult children who were financially dependent on the deceased, and anyone who was being maintained by the deceased but was left out of the will.
Time limits
Time limits for contesting a will depend on which type of challenge you are bringing.
Inheritance Act claims must be brought within six months of the date the grant of probate is issued. This deadline is set by section 4 of the Inheritance (Provision for Family and Dependants) Act 1975. The court can grant permission to bring a late claim, but this is discretionary and delay will count against you — particularly if the estate has already been distributed.
Validity challenges (lack of capacity, undue influence, improper execution) do not have a fixed statutory time limit in the same way. However, delay can seriously prejudice your case. Witnesses become harder to trace, memories fade, and if the estate has been distributed the practical difficulties multiply. The Limitation Act 1980 may also apply depending on the specific claim.
The clear message is: if you believe you have grounds to contest a will, take legal advice as soon as you become aware of the problem. Waiting makes everything harder.
How to contest a will: the process
1. Get specialist legal advice
Contesting a will is a specialist area of law — known as contentious probate. A solicitor experienced in this field can assess the strength of your case before you commit time and money. Many firms offer an initial consultation to review the facts. Look for solicitors who are members of the Association of Contentious Trust and Probate Specialists (ACTAPS) or the Society of Trust and Estate Practitioners (STEP).
2. Enter a caveat
If probate has not yet been granted, you can enter a caveat at the Probate Registry to prevent a grant being issued while the dispute is resolved. This is done by completing form PA8A, either online through the gov.uk service or by post to Leeds District Probate Registry. The fee is £3. You must be aged 18 or over.
A caveat lasts for six months and can be extended for a further six months by filing form PA8B (also £3) during the final month before it expires. If the executor wants to proceed despite your caveat, they can issue a formal warning. You then have 14 days to enter an appearance — a formal statement of your interest — or the caveat will be removed.
3. Gather evidence
The evidence you need depends on your grounds. For capacity challenges, you will usually need medical records. For undue influence, witness statements and documentary evidence of the relationship between the testator and the alleged influencer. For execution defects, the testimony of the attesting witnesses (if they can be found) or forensic analysis of the document.
4. Attempt mediation
Courts expect parties to try mediation or negotiation before resorting to litigation. Many will disputes are resolved through mediation — a structured negotiation facilitated by an independent mediator. This is faster, cheaper, and less damaging to family relationships than a court hearing. A court may impose cost penalties on a party that unreasonably refuses to mediate.
5. Court proceedings
If mediation fails, the claim proceeds through the court system. Validity challenges are heard in the Chancery Division of the High Court or in a county court with Chancery jurisdiction. Inheritance Act claims follow a similar route. The process involves formal statements of case, disclosure of documents, witness statements, and potentially a trial — though many cases settle before reaching that stage.
How much does it cost to contest a will
There is no standard figure for contesting a will. Costs vary enormously depending on the complexity of the dispute, whether it settles early or goes to trial, and the fee structure your solicitor offers.
Solicitor fees are typically charged on an hourly basis, with rates ranging from around £200 to £500 per hour depending on the firm and location. Straightforward disputes that settle through negotiation might cost £5,000 to £10,000 in legal fees. Cases that go to a full trial can reach £50,000 or more.
Conditional fee agreements (no win, no fee) are available from some contentious probate solicitors. Under this arrangement, you pay nothing if your claim fails, but if you succeed the solicitor takes a success fee — typically a percentage uplift on their normal charges. These agreements are more likely to be offered where the estate is substantial and the case is strong.
Court fees are relatively modest compared to solicitor costs. The fee for issuing a claim depends on the value of the claim and is set by the Civil Proceedings Fees Order.
The general rule on costs is that the losing party pays the winning party’s reasonable legal costs. However, in probate disputes the court has discretion to order costs to be paid from the estate — particularly where the dispute was caused by the testator’s own actions (for example, making a will in suspicious circumstances). There is no guarantee of this, and the risk of paying the other side’s costs if you lose is a factor that must be weighed carefully.
Before you contest a will
Contesting a will is stressful, expensive, and often damaging to family relationships. Before committing to a legal challenge, consider these points:
Try to resolve the dispute informally first. A conversation with the executor or other beneficiaries, ideally with a solicitor’s guidance, may achieve an outcome that satisfies everyone without the cost and delay of court proceedings.
Get a realistic assessment of your case. A specialist solicitor can tell you whether your grounds are strong enough to justify the expense. A weak case will cost you money and may leave you liable for the other side’s legal costs as well.
Consider mediation. A trained mediator can help families reach agreements that a court could never impose — including apologies, explanations, and arrangements that go beyond the financial. Mediation is almost always cheaper and faster than litigation.
Weigh the cost against the likely benefit. If the estate is modest and your potential share is small, the legal costs of a challenge may exceed what you stand to gain. A solicitor should give you a clear view of this before you proceed.
Key takeaways
- You can contest a will on grounds of invalidity (capacity, execution, undue influence, fraud) or by claiming inadequate financial provision under the Inheritance Act 1975.
- Inheritance Act claims must be brought within six months of the grant of probate.
- The first practical step is to enter a caveat (£3) to prevent probate being granted while the dispute is investigated.
- Specialist legal advice is essential — this is a complex area of law where the cost of getting it wrong can be significant.
- Mediation should always be considered before court proceedings. Most will disputes settle without a trial.
For more on how estates are administered, see our guides on executor duties, how to apply for probate, and what happens when someone dies without a will.