BA
Written by Brad Askew
Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
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Updated April 2026 · England & Wales
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Part of
Wills & Probate
BA
Written by Brad Askew Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
Updated May 2026
·
England & Wales
When a loved one dies and questions arise about their will, or whether their estate has been distributed fairly, the emotional weight often sits alongside a tangle of legal questions. Who can challenge a will? What happens if there isn't one?
Can a family member left out of an inheritance still make a claim? These are the kinds of questions I hear from readers every week, and the answers are rarely as black and white as people expect. This guide walks through the most common routes for disputing a will and bringing inheritance claims in England and Wales, with plain-English explanations of the grounds, the time limits, and the practical steps involved.
My aim is to give you a grounded starting point so you can work out whether you have a case worth pursuing and what your next move should be.
What this document is
A will dispute is any legal challenge to the validity of a will or the way an estate is being administered. An inheritance claim, by contrast, doesn't necessarily argue that the will is wrong. Instead, it asks the court to adjust what someone receives from the estate because they were financially dependent on the deceased or were not reasonably provided for.
These two routes are often confused, but they rest on very different legal grounds. Disputes over validity usually focus on whether the person making the will had the mental capacity to do so, whether they were pressured into signing, whether the document was properly witnessed, or whether fraud or forgery was involved.
Inheritance claims, most commonly brought under the Inheritance (Provision for Family and Dependants) Act 1975, allow certain categories of people (spouses, children, cohabitants, financial dependants) to ask for reasonable financial provision from an estate. Both types of claim have strict deadlines, so acting promptly matters.
How to use this document
01
Gather the paperwork and the facts. Start by collecting a copy of the will, any earlier versions if they exist, the death certificate, and any correspondence or notes that shed light on the deceased's intentions or state of mind. If probate has already been granted, you can obtain a copy of the will from the Probate Registry for a small fee. Write down a clear timeline of events while memories are fresh.
02
Identify the grounds for your challenge or claim. Work out whether you are questioning the validity of the will itself (for example, on grounds of lack of capacity, undue influence, improper execution, or fraud) or whether you are seeking reasonable financial provision under the 1975 Act. The two routes have different evidence requirements, different time limits, and different likely outcomes, so being clear from the outset shapes everything that follows.
03
Check the time limits carefully. Inheritance Act claims generally must be issued within six months of the grant of probate or letters of administration. Some validity challenges have longer windows, but acting quickly protects your position, particularly if the executors are about to distribute assets. Once money has left the estate, recovering it becomes significantly harder, so delay works against you.
04
Consider lodging a caveat if probate hasn't been granted. If you have genuine concerns about a will's validity and probate has not yet been issued, you can enter a caveat at the Probate Registry. This pauses the grant for six months, giving you time to investigate and negotiate before the estate is administered. Caveats should not be used tactically or without proper reason, as the court can order costs against someone who enters one improperly.
05
Explore settlement before going to court. Will disputes and inheritance claims are expensive, stressful, and often damaging to family relationships. Mediation and without-prejudice negotiations resolve many claims without a contested hearing. Courts expect parties to have tried to settle, and costs consequences can follow if you refuse reasonable offers. A frank conversation early on often saves years of litigation later.
Common questions
QWho can contest a will in the UK?
Generally, anyone with a financial interest in the estate can challenge a will's validity. This typically includes beneficiaries named in the current or a previous will, close family members who would inherit under the intestacy rules, and people who were financially dependent on the deceased. The specific grounds you can rely on depend on your relationship to the person who died and the facts of your situation.
QWhat are the main grounds for challenging a will?
The most common grounds are lack of testamentary capacity (the person didn't understand what they were doing when they signed), undue influence (they were pressured or coerced), lack of proper execution (the will wasn't witnessed correctly under the Wills Act 1837), lack of knowledge and approval of the contents, and fraud or forgery. Each ground has its own evidential hurdles, and proving undue influence in particular can be difficult.
QHow long do I have to bring an inheritance claim?
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must generally be issued within six months of the grant of probate or letters of administration. The court has discretion to extend this in exceptional cases, but you should never rely on that discretion. Missing the deadline can end your claim before it begins, so speak to someone as soon as you think you may have grounds.
QWhat happens if someone dies without a will?
When there is no valid will, the estate is distributed under the intestacy rules set out in statute. These rules follow a strict order, prioritising spouses and civil partners, then children, then other blood relatives. Unmarried partners, stepchildren, and close friends receive nothing under intestacy, regardless of how long the relationship lasted. A 1975 Act claim may still be possible for those left without provision.
QCan a cohabiting partner claim against their partner's estate?
Yes, in some circumstances. A cohabitant who lived with the deceased as a couple for at least two years immediately before the death can bring a claim for reasonable financial provision under the Inheritance Act. The court considers factors like the length of the relationship, the contributions made, and the financial position of the applicant. Cohabitants don't automatically inherit, which is why making a will matters.
QHow much does it cost to contest a will?
Costs vary enormously depending on how the dispute unfolds. A claim that settles early through mediation may cost a fraction of a fully contested trial, which can run into tens of thousands of pounds or more. Some solicitors offer conditional fee or deferred payment arrangements for stronger cases. Costs are often paid from the estate in some circumstances, but losing parties can also be ordered to pay the other side's costs.
QWhat 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 being issued for six months, renewable if needed. It's useful if you have real concerns about a will's validity or about who should be administering the estate, and you need time to investigate. Entering a caveat without proper grounds can lead to costs being awarded against you, so it shouldn't be used as a delaying tactic.
BA
Brad Askew Legal Tech Founder
Brad has a background in civil and commercial law and founded LegalDocuments.co.uk to make clear, reliable legal information accessible to everyone. This site is not a law firm and does not provide regulated legal advice.
Legal disclaimer
This article is for general information only and does not constitute legal advice. We are not solicitors. For advice on your specific situation, please consult a qualified solicitor.
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