Form N2 UK: Contest a Will — England & Wales Probate Claim

At a glance

• What Form N2 is: the High Court claim form used to start a probate claim — the formal court process for contesting a will or disputing who is entitled to a grant of representation.
• Where it sits: used under Part 57 of the Civil Procedure Rules, which governs probate, inheritance and related claims, mostly in the Chancery Division.
• The step before Form N2: entering a caveat on Form PA8A, which pauses a grant of probate for 6 months while a dispute is investigated — check the current fee on GOV.UK.
• Main grounds to contest a will: invalid execution under section 9 of the Wills Act 1837, lack of testamentary capacity, lack of knowledge and approval, fraud or forgery, and undue influence.
• Who can claim: anyone with a genuine financial interest in the outcome — beneficiaries under the disputed will, beneficiaries under an earlier will, or people who would inherit under intestacy.
• Key deadline to know: if your claim overlaps with the Inheritance (Provision for Family and Dependants) Act 1975, section 4 sets a strict 6-month deadline from the date the grant of representation is first taken out.
• Related forms: N2A (notes for the claimant), N2B (notes for the defendant), N3 (acknowledgment of service), and N205D (notice of issue).

What is Form N2?

Form N2 is the claim form (probate claim) published by HM Courts and Tribunals Service and used to start proceedings in a probate claim — a court case in which the judge is asked to decide whether a will should be admitted to probate, whether an existing grant of probate or letters of administration should be revoked, or who is entitled to take out a grant. It is available on GOV.UK as Form N2: Contest a will, alongside notes for the claimant (N2A) and notes for the defendant (N2B).

Probate claims sit within Part 57 of the Civil Procedure Rules, which also covers inheritance claims, presumption of death, and guardianship of missing persons' estates. The accompanying Practice Direction 57 sets out the detailed procedure — including how the court can order a trial on written evidence to reach a decision, or make a case management order allowing the claim to be discontinued so that a grant proceeds in the normal, uncontested ("common form") way.

This guide covers England and Wales. Scotland and Northern Ireland have separate probate systems and forms.

Caveat first, court claim second: how the two routes fit together

Most will disputes do not start with a court claim. They start with a much simpler and cheaper step: entering a caveat.

A caveat is lodged using Form PA8A and prevents a grant of probate or letters of administration being issued while the caveat is in force. GOV.UK confirms the caveat lasts six months initially and can be renewed for a further six months using Form PA8B. Entering a caveat is inexpensive and does not itself require you to prove anything — it simply pauses the process so a dispute can be looked into without assets being distributed in the meantime.

If the person applying for probate disagrees with the caveat, they can issue a warning, which forces the caveator either to withdraw or to explain, by entering an "appearance", why the caveat should stand. If the dispute still cannot be resolved at that stage — for example because one side genuinely disputes the will's validity — the next step is to escalate into a full probate claim using Form N2.

In short: Form PA8A buys time. Form N2 asks the court to actually decide the dispute.

Grounds for contesting a will

A probate claim challenging a will's validity generally rests on one or more of the following grounds.

Invalid execution

A will must meet the formal requirements in section 9 of the Wills Act 1837. It must be in writing, signed by the testator (or by someone else in their presence and at their direction), with the intention of giving effect to the will, and the signature must be made or acknowledged in the presence of two or more witnesses present at the same time, each of whom then attests and signs, or acknowledges their own signature, in the testator's presence. If these formalities were not followed, the will may not be valid regardless of what it says.

Lack of testamentary capacity

The testator must have understood, at the time they made the will, the nature of the act and its broad effects, the extent of the property they were disposing of, and the claims they might reasonably be expected to consider — for example, close family members who might expect to benefit. Where there is medical evidence of dementia, delirium, or another condition affecting cognitive function around the time the will was made, capacity is often the central issue in a probate claim.

Lack of knowledge and approval

Even where a will is properly signed and the testator had capacity, it can still be challenged if they did not actually know and approve of its contents — for example, where suspicious circumstances surround how the will was prepared, such as a beneficiary being heavily involved in giving instructions to the will writer.

Fraud or forgery

A will procured by dishonesty — including a forged signature, or a testator who was deliberately deceived about what they were signing — is not a valid expression of their wishes. See our guide on contesting a will for fraud for more detail on how these claims are evidenced.

Undue influence

A will is invalid if it reflects coercion that overbore the testator's free will, rather than their genuine wishes. Undue influence is notoriously difficult to prove because it typically happens privately, and the burden of proving it rests firmly on the person alleging it. See our guide on challenging a will on grounds of mental capacity for related considerations.

Disputes over entitlement to the grant

Separately from challenges to a will's validity, a probate claim can also arise where there is a dispute over who is entitled to take out the grant — for example, rival executors, or a disagreement over the order of priority among family members entitled to apply where there is no will.

Who can bring a probate claim

You need a genuine financial interest in the outcome of the estate. This commonly includes:

• Beneficiaries named in the will being challenged, or in an earlier will that would take effect if the disputed one is set aside.
• People who would inherit under the intestacy rules if no valid will exists.
• Rival applicants for the grant, such as competing executors or administrators.

You do not need to be a blood relative of the deceased, but the court will expect you to show a real financial stake in the result before the claim proceeds.

Time limits — do not assume you have unlimited time

There is no single statutory deadline that applies to every probate claim challenging a will's validity. However, delay carries real practical risk: once assets have been distributed to beneficiaries, unwinding that distribution becomes much harder, even if your claim ultimately succeeds.

Where the situation could also give rise to a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 — for example, a spouse, former spouse, child, or dependant who was left with inadequate provision — section 4 of that Act sets a strict deadline: such a claim must be made within six months from the date on which representation (the grant of probate or letters of administration) is first taken out, unless the court gives permission for a late claim. Courts only allow late claims in limited circumstances, so this deadline should be treated as firm rather than a guideline.

If your situation might overlap with a 1975 Act claim as well as a challenge to the will itself, get advice on the applicable deadlines as early as possible — the six-month clock can run out while a will dispute is still being investigated informally.

How the probate claim process works

1. Try to resolve the dispute informally first. Before issuing a claim, write to the executors or the person applying for probate setting out your concerns. Many disputes are resolved through correspondence, disclosure of the will file, or mediation — all considerably cheaper than litigation.
2. Enter a caveat if a grant has not yet been issued. Use Form PA8A to pause the process while you investigate. Check GOV.UK for the current fee.
3. Complete and issue Form N2. The claim form must set out the nature of your interest and the interest of each defendant in the estate, along with the basis of your claim. Notes for claimants are provided in Form N2A. Retain a copy for your own records and further copies for service on each defendant.
4. Serve the claim on the defendant(s). Anyone with an interest in the outcome should generally be made a party or given notice, so the court can make a decision that binds everyone affected.
5. The defendant acknowledges service and responds. This is generally done using Form N3 (acknowledgment of service), with the defendant's position set out with reference to the guidance in Form N2B.
6. The court manages the case. Under Practice Direction 57, the court considers whether other people should be joined, gives directions for evidence, and can make a representation order. Notice of issue is recorded using Form N205D.
7. Resolution. The claim may settle, be discontinued (allowing a grant to proceed in common form), or proceed to trial, where the court can pronounce on the will's validity in solemn form under the relevant statutory provisions.

Cost risk — think carefully before issuing

Probate claims are civil litigation, and the general rule in civil proceedings is that the losing party pays a significant share of the winning party's legal costs, in addition to their own. Contentious probate cases are often document-heavy, involve expert and witness evidence, and can become expensive quickly, even where the underlying estate is modest. Mediation and early, well-informed negotiation are strongly encouraged by the courts and can avoid this cost risk entirely.

What to do if you are considering contesting a will

1. Write down your concerns and gather evidence now. Note what you know, when you learned it, and who told you. Keep copies of any wills, correspondence, and relevant medical records.
2. Check whether a grant has already been issued. If not, consider whether entering a caveat is appropriate to pause matters while you investigate.
3. Identify which ground(s) potentially apply. Invalid execution, capacity, knowledge and approval, fraud, or undue influence each need different evidence.
4. Check the relevant deadlines early, particularly the six-month Inheritance Act 1975 deadline if it might apply to your circumstances.
5. Try to resolve matters without court proceedings first, through correspondence or mediation, before issuing Form N2.
6. Take legal advice before issuing or responding to a probate claim. The cost risk and evidential requirements are significant, and early advice materially affects how a claim is prepared and argued.

This guide provides general information about Form N2 and the probate claim process in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at July 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: July 2026 · Next review due: July 2027 or on legislative change.