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Contesting a Will UK: Grounds, Process & Time Limits

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Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When someone close to you passes away and the contents of their will feel wrong, unfair, or simply out of character, the grief can quickly become tangled up with anger, suspicion, and uncertainty. The good news is that the law in England and Wales does allow wills to be challenged, but only on specific grounds and usually within strict time limits. Contesting a will is not something to rush into, and the evidence needed can be substantial. This guide walks you through the recognised reasons a will can be disputed, who has standing to bring a claim, the practical steps involved, and the pitfalls that catch people out. If you are weighing up whether to challenge a will, getting clear on the basics first will save you time, money, and emotional energy.

What this document is

Contesting a will means formally disputing its validity or the way it distributes the estate. A challenge can go one of two ways. The first is arguing the will itself is not legally valid, which, if successful, means the court treats it as though it never existed and either an earlier valid will takes effect or the rules of intestacy apply.

The second is accepting the will is valid but claiming it fails to make reasonable financial provision for certain people who depended on the deceased, which falls under the Inheritance (Provision for Family and Dependants) Act 1975. These are two different legal routes with different requirements, different time limits, and different outcomes.

Most disputes settle before reaching trial, but the threat of court proceedings is often what brings parties to the negotiating table. Understanding which type of claim fits your situation is the first thing to work out, because the evidence you need and the steps you take will differ significantly depending on the route you pursue.

How to use this document

  1. Gather the facts and the paperwork. Start by obtaining a copy of the will, which you can often get from the executor or, once probate is granted, from the probate registry. Collect any earlier wills, medical records, letters, and communications that might support concerns about how the will came about. Note dates, witnesses, and anyone present when the will was signed.
  2. Identify your grounds and your standing. Work out whether you are disputing validity (for reasons such as lack of capacity, undue influence, forgery, or improper execution) or claiming inadequate provision under the 1975 Act. Not everyone can bring a claim. Standing usually requires you to be a beneficiary under a current or previous will, a family member, a dependant, or someone who would inherit under intestacy rules.
  3. Act quickly and consider a caveat. Time matters enormously. If probate has not yet been granted, you can lodge a caveat at the Probate Registry, which prevents probate being issued while the dispute is investigated. Claims under the 1975 Act must normally be brought within six months of the grant of probate, so delay can cost you the right to claim altogether.
  4. Attempt to resolve matters without court. Litigation is slow, expensive, and often damaging to family relationships. Most contested will cases are resolved through correspondence, negotiation, or mediation before court proceedings are issued. A well-drafted letter setting out your concerns and evidence can sometimes prompt a settlement, particularly where the executors can see the risk of a valid challenge.
  5. Issue court proceedings if needed. If no resolution is possible, the dispute may end up in the High Court, typically in the Chancery Division. You will need proper legal representation at this stage, and the losing side usually pays a significant portion of the other side's costs. Be realistic about the strength of your evidence before committing to litigation.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q Who is allowed to contest a will?
You generally need some form of interest in the estate to challenge a will. That typically means beneficiaries named in the current will, beneficiaries of an earlier will, close family members, people financially dependent on the deceased, or those who would inherit under the intestacy rules if the will were set aside. Creditors of the estate may also have standing in limited circumstances. If you have no connection to the deceased or the estate, you usually cannot bring a claim.
Q What are the main grounds for challenging a will's validity?
The recognised grounds include lack of testamentary capacity (the person did not have the mental ability to make a will), lack of knowledge and approval of the contents, undue influence or coercion, fraud or forgery, and improper execution where the signing and witnessing requirements of the Wills Act 1837 were not followed. Each ground has a different evidential threshold, and undue influence in particular is notoriously difficult to prove in the will context.
Q How long do I have to contest a will?
Time limits depend on the type of claim. Inheritance Act claims for reasonable financial provision generally must be brought within six months of the grant of probate. Claims challenging validity have no strict statutory deadline but delay is strongly discouraged, and waiting until after the estate is distributed makes recovery far more difficult. Fraud claims and claims against executors have their own rules. Acting early is almost always the right move.
Q What is a caveat and when should I use one?
A caveat is a formal notice lodged at the Probate Registry that prevents a grant of probate from being issued while a dispute is investigated. It lasts six months and can be renewed. Caveats are useful when you have genuine concerns about validity and need time to gather evidence, but they should not be used tactically or to pressure executors. Misusing a caveat can expose you to costs.
Q How much does contesting a will cost?
Costs vary enormously depending on complexity, how far the dispute progresses, and whether it settles. Early-stage negotiation and mediation can be relatively contained, while full High Court litigation can become very expensive and the losing side usually pays a large portion of the winner's costs. Some solicitors offer conditional fee arrangements for strong cases. Always weigh the potential recovery against the likely costs before proceeding.
Q Can I challenge a will because it seems unfair?
Unfairness alone is not a ground for invalidating a will. The law in England and Wales gives people broad freedom to leave their estate as they wish, even to the exclusion of close family. However, if you were financially dependent on the deceased or fall within a defined category of family member, you may be able to bring a claim under the Inheritance Act 1975 for reasonable financial provision, even where the will itself is perfectly valid.
Q What happens if a will is successfully overturned?
If a court declares a will invalid, the estate is distributed according to any earlier valid will that exists. If there is no earlier valid will, the estate is distributed under the intestacy rules, which set out a fixed order of entitlement starting with spouses and children. A successful Inheritance Act claim does not invalidate the will itself but results in the court ordering additional provision from the estate for the successful claimant.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.