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 taking it. If you have not yet found the will, or are unsure whether one exists, see our guide on how to find a will after someone dies before taking the steps below.
This guide explains who can challenge a will, the legal grounds available, the practical process from entering a caveat to court proceedings, the time limits that apply, and what it is likely to cost. It also covers claims under the Inheritance (Provision for Family and Dependants) Act 1975, which work differently from a validity challenge. If you are thinking about contesting a will, taking specialist legal advice early is the single most useful thing you can do.
A quick orientation before the detail. There are two broad ways to challenge what happens to an estate. The first is to argue that the will itself is not valid – that it should never have taken effect. The second is to accept that the will is valid but ask the court for reasonable financial provision because the will leaves you without enough to live on. These routes have different rules, different claimants and different deadlines, so it helps to be clear from the outset which one applies to your situation.
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 financially affected by the outcome. A neighbour who simply disapproves of the will has no standing; a daughter who was the main beneficiary under a previous will does.
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, set out in section 1 of the 1975 Act:
- 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 Act)
- a child of the deceased, including an adult child
- a person treated by the deceased as a child of the family, for example a stepchild
- any person who was being maintained, wholly or partly, by the deceased immediately before the death
One important point that catches people out: being disappointed with a will is not a ground to challenge it. If a parent leaves everything to one sibling, that is their right unless you can show a recognised legal ground or that you have been left without reasonable provision. The law starts from the principle of testamentary freedom – the idea that people are entitled to leave their estate as they choose.
Grounds for challenging a will’s validity
There are several distinct legal grounds for challenging the validity of a will in England and Wales. Each has its own legal basis and its own evidential demands. If any one of them succeeds, the will is set aside and the estate passes either under an earlier valid will or under the intestacy rules.
| 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, or the claims of those who might expect to benefit, or was affected by a disorder of the mind that distorted their decisions |
| Lack of valid execution | Wills Act 1837, section 9 | The will was not properly signed by the testator, or was not witnessed by two people 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, overriding their 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, causing the testator to change the will |
Lack of 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 (1870) LR 5 QB 549. To have capacity, the testator must have understood four things: the nature of making a will and its effects, the extent of the property they were disposing of, the people who might reasonably expect to benefit, and the way the will distributed the estate. They must also have been free from any disorder of the mind that distorted their judgement.
This remains the leading test in England and Wales. The Mental Capacity Act 2005 introduced a general statutory framework for assessing capacity, but the courts have confirmed that Banks v Goodfellow still governs will-making, with the 2005 Act used as a cross-check rather than a replacement. Capacity is judged at the time the will was made, not afterwards.
Capacity challenges turn on evidence. You will usually need the deceased’s medical records – GP notes, hospital records, and any dementia or cognitive assessments – and often a report from a medical expert who reviews those records retrospectively. Where a will was prepared by a solicitor, the solicitor’s file and attendance notes can be revealing. The “golden rule”, a long-standing practice direction to solicitors, is that when a will is made by an elderly or seriously ill person, it should ideally be witnessed or approved by a doctor who has assessed capacity. A failure to follow it does not invalidate a will, but it can strengthen a challenge.
Lack of valid execution
Section 9 of the Wills Act 1837 sets out the formalities a valid will must meet. The will must be in writing and signed by the testator, or by someone else in their presence and 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, or acknowledge their signature, in the presence of the testator.
If any of these steps was missed – for example, only one witness was present, or the testator signed after the witnesses had left the room – the will is invalid. There is a presumption that a will which looks properly executed was executed correctly, so the burden falls on the person challenging it to show otherwise. A separate rule under section 15 of the Wills Act 1837 means that a witness who is also a beneficiary, or whose spouse is a beneficiary, loses their gift – though this does not invalidate the whole will.
Lack of knowledge and approval
A will can be set aside if the testator did not know and approve its contents. Normally the law assumes a person who signs a will understands it, but that assumption can be displaced where the circumstances are suspicious – for instance, where the main beneficiary was closely involved in arranging the will, or where the testator was blind, frail or could not read the document. In those cases the person putting the will forward must prove the testator understood and approved what they were signing.
Undue influence
Undue influence means 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 – has died. Unlike some other areas of law, there is no presumption of undue influence in will cases; the person alleging it must prove coercion, and the evidence must go beyond persuasion, advice or moral pressure. The court is looking for something that overpowered the testator’s free will, such as threats, isolation, or manipulation of a vulnerable person.
Fraud and forgery
A will can be challenged if it was forged – for example, a signature was faked – or if it was procured by fraud, such as lying to the testator about a beneficiary to make them change their will, or presenting a document for signature while misrepresenting what it was. Forgery cases often involve handwriting experts and forensic document analysis. Fraud and forgery are also criminal offences, separate from the civil challenge to the will.
Fraudulent calumny
Fraudulent calumny is a narrower form of fraud. It applies where one person poisons the testator’s mind against a potential beneficiary by making false representations about that person’s character or conduct, knowing them to be untrue or being reckless as to their truth, and the testator changes their will as a result. It is difficult to establish because you have to prove both the false statements and that they caused the change.
Inheritance Act 1975 claims: asking for reasonable provision
A claim under the Inheritance (Provision for Family and Dependants) Act 1975 is fundamentally different from a validity challenge. You are not saying the will is invalid. You are saying it is valid but fails to make reasonable financial provision for you, and you are asking the court to order provision from the estate. The same route is available where someone dies without a will and the intestacy rules leave you without enough.
The court has wide discretion. Under section 3 of the Act, it weighs your financial needs and resources now and in the foreseeable future, the needs and resources of other beneficiaries, the size and nature of the estate, any obligations the deceased had towards you, any physical or mental disability you have, and the conduct of everyone involved. The standard it applies depends on who you are:
- Surviving spouse or civil partner – the test is what would be reasonable in all the circumstances, whether or not that is needed for your maintenance. The court considers what you might have received on a divorce, which often produces a generous result.
- Everyone else – including adult children, cohabitants and dependants – the test is provision reasonable for your maintenance. This is a more limited standard. It is not designed to give you a windfall, but to meet your reasonable living costs.
If the court agrees that provision is not reasonable, the orders available under section 2 of the Act include a lump sum, regular payments, the transfer of property, or a variation of any trust created by the will. The Supreme Court’s decision in Ilott v Mitson [2017] UKSC 17 is the leading modern case on how the maintenance standard is applied to an adult child, and it confirmed that testamentary freedom carries real weight – adult children do not have an automatic right to provision.
Inheritance Act claims are particularly relevant for cohabiting partners who were not married, adult children who were financially dependent on the deceased, and anyone who was being maintained but left out of the will. Two related claims sometimes arise alongside them: proprietary estoppel, where you were promised an asset (often a family farm or business), relied on that promise to your detriment, and it would be unfair to go back on it; and rectification under section 20 of the Administration of Justice Act 1982, where a will fails to carry out the testator’s intentions because of a clerical error or a misunderstanding of their instructions.
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 give permission to bring a late claim, but this is discretionary and delay counts against you – particularly if the estate has already been distributed.
Validity challenges – lack of capacity, undue influence, improper execution, fraud – do not have a fixed statutory deadline in the same way. However, delay can seriously prejudice your case. Witnesses become harder to trace, memories fade, and once the estate has been distributed the practical difficulties multiply. The Limitation Act 1980 can apply depending on the nature of the claim, and a long unexplained delay may itself be held against you.
The clear message is the same for either route: 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 known as contentious probate. A solicitor experienced in this field can assess the strength of your case before you commit time and money, and many firms offer an initial review of 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). Both bodies maintain searchable directories of qualified specialists.
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 investigated. You apply using form PA8A, either online through the gov.uk service or by post to Leeds District Probate Registry, for a fee of £3. You must be aged 18 or over.
A caveat lasts for six months and can be extended for further six-month periods. If the executor wants to proceed despite your caveat, they can issue a formal “warning”. You then have a limited time to enter an “appearance” – a formal statement of your interest – or the caveat will be removed. A caveat is a serious step that should be backed by a genuine dispute; entering one without proper grounds can expose you to costs.
3. Gather evidence
The evidence you need depends on your grounds. For capacity challenges you will usually need medical records and often an expert medical report. For undue influence, you need witness statements and documentary evidence about the relationship between the testator and the alleged influencer. For execution defects, the testimony of the attesting witnesses or forensic analysis of the document. A “larke v nugus” request – a letter asking the solicitor who drafted the will to explain the circumstances in which it was made – is a standard early step.
4. Attempt mediation or negotiation
Courts expect parties to try to resolve disputes before litigating. Many will disputes are settled through mediation, a structured negotiation led by an independent mediator, or through direct negotiation between solicitors. This is faster, cheaper and far less damaging to family relationships than a court hearing, and a mediator can help reach outcomes a court could never order, such as apologies, explanations or arrangements that go beyond money. A court can impose cost penalties on a party that unreasonably refuses to engage in mediation.
5. Court proceedings
If settlement fails, the claim proceeds through the courts. Validity challenges are usually heard in the Chancery Division of the High Court or a county court with the relevant jurisdiction; Inheritance Act claims follow a similar route. The process involves formal statements of case, disclosure of documents, witness statements and, potentially, a trial. In practice the large majority of contentious probate cases settle before reaching a final hearing.
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 runs to trial, and the fee arrangement your solicitor offers.
Solicitor fees are typically charged by the hour, with rates ranging from around £200 to £500 depending on the firm and location. A straightforward dispute settled through negotiation might cost a few thousand pounds; a case that reaches a full trial can cost £50,000 or more on each side.
Conditional fee agreements (no win, no fee) are offered by some contentious probate solicitors. You pay nothing if your claim fails, but if you succeed the solicitor takes a success fee – a percentage uplift on their normal charges. These arrangements are more likely where the estate is substantial and the case is strong.
Court fees are modest compared with solicitor costs and depend on the value and type of claim, as set out in the Civil Proceedings Fees Order.
The general rule on costs is that the losing party pays the winning party’s reasonable legal costs. In probate disputes, however, the court has discretion to order costs to be paid from the estate – particularly where the dispute was caused by the testator’s own conduct, such as 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 serious factor to weigh, governed by the principle of proportionality. If the estate is modest and your potential share small, the costs of a challenge can exceed anything you stand to gain.
Contesting a will in Scotland and Northern Ireland
The law described above applies to England and Wales. The rest of the UK is different.
Scotland has a separate legal system under the Succession (Scotland) Act 1964. Its most striking feature is “legal rights”: a spouse, civil partner and children are entitled to a share of the deceased’s net moveable estate (money, savings, investments and possessions, but not land or buildings) whether or not there is a will. Because of this, a person in Scotland cannot completely disinherit their spouse, civil partner or children, a protection that does not exist in England and Wales. A beneficiary must usually choose between claiming their legal rights and taking what the will gives them. The time limit for claiming legal rights is long – generally up to 20 years – and the rules are technical, so Scottish legal advice is essential.
Northern Ireland broadly follows the same principles as England and Wales, including challenges to validity and provision claims under its own equivalent of the 1975 Act, but it has a separate court system and its own procedural rules. If the estate is in Northern Ireland, take advice from a solicitor qualified there.
Before you contest a will
Contesting a will is stressful, expensive and often damaging to family relationships. Before committing to a legal challenge, weigh these points:
Try to resolve the dispute informally first. A conversation with the executor or other beneficiaries, ideally with a solicitor’s guidance, may reach an outcome that satisfies everyone without the cost and delay of court.
Get a realistic assessment of your case. A specialist 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 costs as well.
Consider mediation seriously. A trained mediator can help families reach agreements a court could never impose, and it is almost always cheaper and faster than litigation.
Weigh the cost against the likely benefit. If the estate is modest and your potential share 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 challenge a will on grounds of invalidity – capacity, execution, knowledge and approval, undue influence, fraud or fraudulent calumny – or accept the will is valid and claim reasonable provision under the Inheritance Act 1975.
- Being unhappy with what you inherited is not, on its own, a ground to contest a will.
- Inheritance Act claims must be brought within six months of the grant of probate.
- The first practical step, if probate has not been granted, is to enter a caveat (£3) to pause the process while you investigate.
- Scotland has different rules – legal rights protect spouses, civil partners and children from being disinherited.
- Specialist legal advice is essential, and mediation should always be considered before court. 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, what happens when someone dies without a will and the wills hub. Where a challenge changes who inherits, there can be knock-on effects for inheritance tax, so factor that into any settlement.
This guide is general information, not legal advice. The law of contentious probate is complex and every estate is different. Always consult a qualified contentious probate solicitor about your own circumstances.