The growing importance of inherited wealth is helping to fuel an increasing number of inheritance disputes: every year, around 10,000 individuals in the UK seek to contest Wills. Most, of course, never progress beyond the initial stages. But, according to the most recent data published by the Ministry of Justice, 122 contested probate claims were dealt with by the Chancery Division of the High Court in 2023, up from 116 cases in the previous year.
People contest Wills for diverse reasons. Many claims are based on the belief that the testator lacked testamentary capacity when executing their Will. Another common belief amongst consumers is that the contents of a Will do not reflect the testator's genuine wishes and that undue influence is to blame. Meanwhile, some beneficiaries argue that the Will fails to make reasonable financial provision for them; they should be entitled to more.
In some cases, a false impression is created by the testator prior to their death regarding how their estate will be distributed. Different beneficiaries may have been given contradictory information as the testator tells them what they want to hear, rather than outlining the true position. After the testator's death, this can put beneficiaries at loggerheads once their anticipated inheritance is not matched by reality.
In the aftermath of losing a loved one, the emotional temperature among the parties to a Will dispute can run high: fear, anger and resentment are amplified by grief and loss. The testator's money may be viewed as "family money" in some disputes. If everything is left to the cleaner, for example, then the Will must be challenged: otherwise, it would result in the "injustice" of the relatives being disinherited. In some circumstances, contesting a Will allows family members to use the legal system in order to play out longstanding grievances between them.
But ultimately, the number of valid reasons for challenging a Will is finite. Arguably the most common is lack of testamentary capacity. Some other reasons are also quite common: the Will was not executed properly, the testator did not understand the contents of the Will, or there is a suspicion of undue influence.
Executors should adopt a neutral position in every dispute. Since they stand to benefit from upholding its validity, the final Will's beneficiaries will be the opponents of the would-be claimant. Frequently, and rightly, settlement negotiations occur before any Court proceedings commence: many disputes are resolved at this stage. For Will challenges that involve disputes between family members, an early settlement provides the best opportunity to salvage their relationships in the long term. When claims cannot be settled, proceedings need to be issued at Court and – should settlement not be reached in the interim – resolved at trial.
Inevitably, most Will challenges are brought by those who took greater benefit from the testator's penultimate Will (or their intestacy), rather than their final Will. Although there is no specific time limit in bringing such claims, it is sensible to advance them as soon as possible. A Will can sometimes be challenged by individuals on the basis that it has not made reasonable financial provision for them. Such claims represent an exception to the general principle of complete testamentary freedom to leave your estate to whomever you choose. Only specific categories of applicant are eligible to claim. These include: a spouse (or former spouse), the child of the testator (or someone "treated" as a child of the testator), or a person who was being "maintained" by the testator. Such claims must be issued at Court within six months of the date of the grant of probate for the estate, although this deadline has sometimes been considerably extended by the Court.
Levels of success vary. Making generalisations is unwise since every case turns on its own particular facts ad our role as professional advisors is to ensure that any potential claim can be made on a sound legal basis at as early a stage as possible.
Originally published by the Today's Wills & Probate, 20 May 2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
