How To Contest A Will (7 August 2026)

Legal Grounds for Contesting a Will in England and Wales

You have the right to contest a will under the laws of England and Wales if there are valid legal grounds for doing so. Even if the will is valid, certain people may apply to the court for reasonable financial provision from the estate.

Challenges to the validity of a will are generally dealt with as contentious probate claims, while claims for financial provision are governed by the Inheritance (Provision for Family and Dependants) Act 1975. If you believe a will does not reflect the true wishes of the person who made it, or that you have not been reasonably provided for, obtaining legal advice at an early stage can help you understand which type of claim may be available.

Who Has the Right to Contest a Will?

Not everyone can challenge a will. You must have what is known as legal standing, meaning a sufficient legal interest in the estate to bring a claim. The following categories of person generally have standing to contest a will in England and Wales:

• Beneficiaries named in the will being challenged
• Beneficiaries named in a previous will who would benefit if the later will is set aside
• People who would inherit under the intestacy rules if the will were found to be invalid
• Family members and dependants who may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975

If you are unsure whether you have the right to contest a will, a contentious probate solicitor can assess your position before you commit to any course of action.

Legal Grounds for Contesting a Will

1. Lack of Testamentary Capacity

Testamentary capacity refers to the mental capacity of the person making the will, known as the testator, at the time the will was made. Under the test established in Banks v Goodfellow (1870), which remains the legal standard in England and Wales, a testator must have understood the nature of making a will and its effects, understood the extent of the property they were disposing of, was able to comprehend and appreciate the claims of those whom they ought to consider when deciding how to distribute their estate, and have been free from any disorder of the mind that might have influenced their decisions.

A will can be challenged on grounds of lack of testamentary capacity where the testator suffered from dementia, a serious mental illness, or another condition that affected their understanding at the time the will was signed. Medical evidence is typically central to these cases, and the burden of proof will depend on the circumstances. Lack of capacity at the time of making the will, not before or after, is what matters legally.

2. Undue Influence

Undue influence in the context of a will arises where the testator was coerced into making a will, or including particular provisions, so that the resulting document did not represent the testator’s own free wishes. Persuasion, appeals to affection or pressure alone are not necessarily sufficient: the evidence must establish coercion that overbore the testator’s free will. Evidence concerning the testator’s vulnerability, their relationship with the person alleged to have exercised influence, the circumstances in which the will was prepared and any suspicious changes to the testamentary arrangements may all be relevant. Undue influence can be difficult to prove and is highly dependent on the evidence in each case.

3. Lack of Knowledge and Approval

Even where a testator had capacity, a will may be contested on the grounds that they did not know and approve of its contents at the time they signed it. This issue may arise where there are suspicious circumstances surrounding the preparation or execution of the will, for example where a person who played a significant role in preparing the will also receives a substantial benefit under it. The court will scrutinise the circumstances in which the will was made to determine whether the testator genuinely understood and agreed with what they were signing.

4. Failure to Comply With Formal Requirements

For a will to be legally valid in England and Wales, it must satisfy the formal requirements in section 9 of the Wills Act 1837. Broadly, it must be in writing and signed by the testator, or by another person in the testator’s presence and at their direction, with the intention of giving effect to the will. The testator must sign or acknowledge their signature in the presence of two witnesses who are present at the same time, and each witness must then attest and sign the will in the testator’s presence. A will that does not comply with these execution requirements may be invalid.

5. Fraud or Forgery

A will may be challenged where there are grounds to believe it was obtained by fraud, for example, where the testator was deceived into signing a document they believed to be something other than a will, or where the will or the testator’s signature has been forged. Fraud or forgery cases are serious and may involve forensic document examination alongside other evidence.

Claiming Reasonable Financial Provision Under the Inheritance Act 1975

Contesting a will is not the only route available where you feel you have been unfairly excluded or inadequately provided for. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain categories of person can apply to the court for reasonable financial provision from the estate, even where the will itself is legally valid.

Those who may be eligible to make a claim under the Inheritance Act 1975 include a spouse or civil partner of the deceased; certain former spouses or civil partners who have not remarried or entered into a new civil partnership; a person who, for the whole of the two years immediately before the death, lived in the same household as the deceased as if they were married or civil partners; a child of the deceased; certain people treated by the deceased as a child of the family; and a person who was being wholly or partly maintained by the deceased immediately before the death.

The court has discretion to make such provision from the estate as it considers reasonable in all the circumstances, including the financial needs and resources of the claimant and of other beneficiaries.

An application under the Inheritance Act 1975 must normally be made within six months from the date on which a grant of representation in respect of the estate is first taken out. A claim may be brought after that period only with the permission of the court. Because permission is discretionary and late applications can create significant difficulties, legal advice should be sought as early as possible.

The Process of Contesting a Will

Entering a Caveat

Where there is a genuine dispute about whether a grant of representation should be issued, for example because the validity of a will is disputed, it may be appropriate to enter a caveat. A caveat prevents a grant of representation from being issued while it remains effective. It initially lasts for six months and can be extended for further six-month periods in accordance with the applicable procedure. A caveat can provide time for the dispute to be investigated before a grant is issued, although legal advice should be obtained before entering one because caveats can lead to contested proceedings and costs.

Mediation and Negotiation

Not all will disputes need to go to court. Many contentious probate cases are resolved through mediation or negotiation, which can be quicker, less costly, and less adversarial than contested court proceedings. A contentious probate solicitor can advise on whether mediation is appropriate in your case and represent you in any negotiations with other beneficiaries or the executor.

Court Proceedings

Where a dispute cannot be resolved, court proceedings may be necessary. Probate claims are governed by Part 57 of the Civil Procedure Rules and may be issued in the Chancery Division of the High Court or, where the claim is suitable and falls within its jurisdiction, in the County Court. Proceedings may involve documentary evidence, witness statements and, where appropriate, expert evidence, and can be lengthy and costly. Obtaining specialist legal advice before commencing proceedings can therefore be particularly important.

Time Limits for Contesting a Will

There is no single statutory time limit applying to every claim challenging the validity of a will in England and Wales, but delay can significantly affect the practical and legal position. Evidence may become more difficult to obtain, and the estate may have been administered or distributed. For claims under the Inheritance (Provision for Family and Dependants) Act 1975, an application must normally be made within six months from the date on which a grant of representation is first taken out, although the court has discretion to permit a late application. A caveat must be entered before a grant is issued; where a grant has already been made, different procedural steps may need to be considered.

Get Legal Advice on Contesting a Will 

Contesting a will is a complex and emotionally difficult process. The appropriate legal basis for any claim must be carefully assessed, the evidence carefully assembled, and the procedural steps followed correctly. At Duncan Lewis, our contentious probate solicitors advise clients on all aspects of will disputes, from assessing the strength of a potential claim and entering a caveat through to mediation and full court proceedings. If you believe you have grounds to contest a will, contact us today for specialist legal advice.