Contesting a Will UK — Grounds, Process & How to Protect Your Estate

Contesting a will is never simple — legally, financially, or emotionally. Whether you believe a will is invalid, or you've been unfairly left out, understanding the legal framework is the essential first step. This guide covers who can challenge a will, on what grounds, how the process works, what it costs, the differences across England, Wales, Scotland, and Northern Ireland — and crucially, how to draft a will that minimises the risk of dispute.

Who Can Contest a Will in the UK, and On What Grounds?

Two distinct types of challenge exist, and it matters which one applies to your situation:

Validity challenges attack the will itself — arguing it should never have been admitted to probate because it fails to meet the legal requirements for a valid will. Anyone with a legitimate interest in the estate (a beneficiary, an excluded family member, a creditor) can bring a validity challenge.

Financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975 don't challenge whether the will is valid — they argue that even if the will is valid, it makes inadequate financial provision for the claimant. Only a specific, defined group of people can bring these claims.

The Four Grounds for Contesting a Will's Validity

1. Lack of Testamentary Capacity

To make a valid will, the testator must have testamentary capacity at the time of signing. The legal test comes from Banks v Goodfellow (1870) and requires that the person:

• Understood the nature of making a will and its effects
• Understood the extent of the property they were disposing of
• Understood the claims of those who might reasonably expect to benefit
• Was not suffering from a disorder of the mind that affected their testamentary decisions

Dementia is the most common basis for capacity challenges. A diagnosis of dementia does not automatically mean someone lacked testamentary capacity — they may have had "lucid intervals." Medical records, GP evidence, and witness testimony about the testator's state of mind at the time of signing are all relevant.

2. Undue Influence or Coercion

A will made under undue influence — where the testator was coerced, pressured, or manipulated into making or changing its contents — can be set aside. The legal standard is high: mere persuasion is not enough. The influence must have amounted to coercion that overpowered the testator's free will.

Undue influence is notoriously difficult to prove. It usually involves a vulnerable testator and a person who stood to gain — a carer, a new partner, or an estranged relative who re-entered the person's life near the end. Evidence tends to be circumstantial: sudden changes to the will shortly before death, unexplained exclusion of close family members, or isolation of the testator from their usual support network.

3. Lack of Valid Execution

Under the Wills Act 1837, a valid will in England and Wales must be signed by the testator in the presence of two independent witnesses who both sign in the testator's presence. A will that doesn't meet these formalities is invalid, regardless of its content.

Common execution errors: one witness absent when the other signed; a beneficiary acting as a witness (the will remains valid but that beneficiary loses their gift); the will signed after the witnesses rather than before; no signature at all. These are the preventable errors that good drafting and attentive witnessing avoid entirely.

4. Fraud or Forgery

A forged will — where the signature is not the testator's — is void. Fraud can also include situations where the testator was deceived about what they were signing (e.g., told a document was a power of attorney when it was actually a will). Forgery claims require forensic handwriting evidence and are relatively rare but do occur.

The Inheritance (Provision for Family and Dependants) Act 1975

The Inheritance Act 1975 allows specific people to apply to court for "reasonable financial provision" from an estate, even where the will is entirely valid. It exists because English law — unlike Scottish law — does not give family members automatic rights to inherit regardless of the will's contents.

Who Can Claim?

The court considers the claimant's financial needs, the size of the estate, the needs of other beneficiaries, any obligations the deceased had towards the claimant, and the claimant's own resources. Adult children face a notably high bar — the court will not rewrite a will simply because an adult child received less than expected. There must be genuine financial need.

Time Limits

Inheritance Act 1975 claims: You must issue proceedings within six months of the grant of probate. This is a hard deadline. Courts have discretion to extend it in exceptional circumstances, but extensions are not routinely granted. If you think you have a claim, instruct a solicitor immediately — don't wait to see how the estate is administered.

Validity challenges: There is no fixed statutory time limit. However, courts expect prompt action. A person who knew about a suspicious will for three years and then challenged it after the estate was distributed faces significant hurdles. Enter a caveat early if you have concerns — this costs £3 and prevents probate being granted while the matter is investigated.

Practical consequence: If you are an executor administering an estate and become aware of a potential challenge, do not distribute the estate until the six-month Inheritance Act window has passed — otherwise you may become personally liable.

The Process: Step by Step

Step 1: Obtain a Copy of the Will

Once probate has been granted, the will becomes a public document and anyone can obtain a copy from the Probate Registry for £1.50. Before probate, you may need to make a standing search application or write to the executors directly.

Step 2: Enter a Caveat (if challenging validity)

A caveat prevents a grant of probate from being issued for six months. It costs £3 and can be entered by any person with an interest in the estate at any Probate Registry. If you have concerns about the will's validity, enter a caveat before probate is granted — once probate issues, challenging the will becomes significantly harder.

Step 3: Attempt Mediation

Courts now expect parties to attempt to resolve disputes without litigation. Mediation is considerably cheaper than court proceedings and preserves family relationships (to the extent possible). Many will disputes settle through mediation — a neutral mediator helps both sides reach a compromise without either having to "win" in court.

Step 4: Issue Court Proceedings (if mediation fails)

If mediation fails, a claim is issued in the Chancery Division of the High Court (for larger estates) or the County Court. Validity challenges are issued as a claim for a declaration that the will is invalid. Inheritance Act claims are issued as applications under the 1975 Act. Both involve evidence gathering, witness statements, potentially expert evidence (medical experts for capacity cases), and a final hearing.

Costs

Contesting a will is expensive. Typical cost ranges:

• Initial advice and caveat: £500–£2,000
• Mediation: £1,500–£5,000 per party
• Court proceedings to hearing: £10,000–£100,000+ per party

The general rule in English civil litigation is that the losing party pays the winner's reasonable legal costs. In will disputes, this rule applies — but with important nuance. Courts sometimes order each party to bear their own costs, particularly where the dispute arose from the testator's conduct (an ambiguous will, suspicious circumstances) rather than an unreasonable challenge.

Calderbank offers (written settlement offers made "without prejudice save as to costs") are strategically important. If you make a reasonable offer that the other side rejects and you then do better at trial, the court will usually order the rejecting party to pay indemnity costs from the date of rejection. Making (and receiving) such offers is a central part of managing litigation costs.

Many solicitors handle Inheritance Act claims on a no-win-no-fee (conditional fee agreement) basis for strong cases. Validity challenges are less commonly funded this way, given the evidential difficulties.

Scotland: No Inheritance Act — But Legal Rights Instead

Scotland has no equivalent to the Inheritance Act 1975. Instead, Scots law gives spouses, civil partners, and children Legal Rights (the right of ius relictae/ius relicti for spouses, and legitim for children) — automatic entitlements to a share of the deceased's moveable estate (cash, investments, personal property — not land) regardless of what the will says.

The shares are:

• Spouse/civil partner with surviving children: one third of the moveable estate
• Spouse/civil partner with no surviving children: one half of the moveable estate
• Children collectively (no surviving spouse): one half of the moveable estate
• Children collectively (surviving spouse present): one third of the moveable estate

These rights cannot be excluded by a will. A Scottish testator cannot disinherit their children from their moveable estate. A beneficiary can choose to accept their Legal Rights share or elect to take what the will provides — but they cannot take both.

Scottish wills can also be challenged on validity grounds (capacity, undue influence, execution errors), but the formalities differ from English law — one witness is required, not two, and the governing legislation is the Requirements of Writing (Scotland) Act 1995.

The Trusts, Succession and Charities (Scotland) Act 2024 introduced reforms to succession law, including changes to how Legal Rights interact with trust arrangements and updating certain intestacy provisions. If you have a Scottish estate, ensure your will reflects current Scots law.

Northern Ireland

Northern Ireland has its own equivalent of the Inheritance Act 1975: the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979. The provisions closely mirror the English Act — the same categories of eligible claimant, similar standards for "reasonable financial provision," and comparable court processes. The key practical difference is jurisdiction: claims are issued in the Northern Ireland courts, not the High Court in England and Wales.

Validity challenges in Northern Ireland follow the same broad principles as England and Wales — the Wills Act 1837 applies, so two witnesses are required and the same execution formalities govern.

How to Make Your Will Contest-Proof

The best time to prevent a will dispute is when the will is being drafted — not after death when it's too late. The following measures materially reduce the risk:

Get Professional Guidance

A will drafted with proper guidance, using jurisdiction-specific language and covering the right clauses, is harder to challenge on execution grounds. A properly structured will leaves no ambiguity about what was intended. See our guide to how to write a will UK for the full detail.

Include a "Why" Statement

If you're making a decision that might surprise or disappoint someone — leaving a child less than their siblings, excluding a family member entirely, leaving the estate to a new partner — include a brief explanation in the will or a supporting Letter of Wishes. "I have not provided for X because..." gives context that can deter a challenge and helps any court understand your reasoning.

Write a Letter of Wishes

A Letter of Wishes is a non-legally-binding document that sits alongside the will and explains your thinking. It can address sensitive decisions, provide guidance to executors, and demonstrate that you made considered, deliberate choices. It's not part of the formal will, so it can be updated without re-executing the whole document.

Ensure Proper Witnessing

Most execution challenges are entirely preventable. Use two independent, adult witnesses who are not beneficiaries or their spouses. Both must be present simultaneously. Sign in permanent ink. Read our checklist: what to include in a will UK.

Review After Major Life Events

An out-of-date will is almost as dangerous as no will at all. Marriage, divorce, birth of children, death of beneficiaries or executors, significant changes in assets — all require a review. See our guide on how to update or change your will.

Consider Capacity Evidence

If there is any concern about capacity — illness, age, recent cognitive changes — ask your GP to provide a contemporaneous record of their assessment of your capacity at the time the will is made. A "golden rule" letter from a solicitor who witnesses capacity evidence is particularly valuable in heading off future challenges.

Frequently Asked Questions

Who can contest a will in the UK?

Anyone with a legitimate interest in the estate can challenge a will's validity — including excluded beneficiaries and creditors. For Inheritance Act 1975 financial provision claims, the eligible claimants are specifically: spouse or civil partner, former spouse (not remarried), child, person treated as a child of the family, cohabitant of two or more years, and any person maintained by the deceased.

What are the grounds for contesting a will?

The four grounds for validity challenges are: lack of testamentary capacity, undue influence or coercion, lack of valid execution (witnessing errors), and fraud or forgery. Separately, eligible claimants can bring an Inheritance Act 1975 claim arguing the will makes inadequate financial provision for them — without needing to prove the will is invalid.

How long do you have to contest a will?

For Inheritance Act 1975 claims in England and Wales, the deadline is six months from the grant of probate. Courts have limited discretion to extend this, but don't rely on it. For validity challenges, there is no fixed statutory time limit, but courts expect prompt action. Enter a caveat early if you have concerns.

How much does it cost to contest a will in the UK?

Typical range: £5,000 to £100,000 or more for full court proceedings. Mediation is considerably cheaper. The losing party usually pays the winner's costs, though this is not automatic. Many solicitors take strong Inheritance Act claims on no-win-no-fee terms.

Can you contest a will in Scotland?

Yes — Scottish wills can be challenged on validity grounds. But Scotland has no Inheritance Act equivalent. Instead, spouses, civil partners, and children have Legal Rights (legitim) giving them an automatic share of the moveable estate regardless of the will's contents. These rights cannot be removed by the will.

Does a no-contest clause stop someone challenging a will?

No-contest clauses have limited enforceability in the UK. They may act as a deterrent, but courts will not automatically enforce forfeiture provisions — particularly where the challenge is brought in good faith on legitimate grounds. A no-contest clause cannot prevent a valid Inheritance Act claim or a challenge on grounds of fraud or lack of capacity.

Related: How to Write a Will UK — Complete Guide | What to Include in a Will UK — Checklist | How to Update a Will UK | Intestacy Rules UK