Contest a Will for Fraud UK: How It Works (2026)

What this document is

Fraud, in the context of a will, is a broad label covering any dishonest conduct that causes a testator's true intentions to be distorted or overridden. It is one of several grounds on which a will can be contested in England and Wales, sitting alongside lack of testamentary capacity, lack of proper execution under the Wills Act 1837, lack of knowledge and approval, and undue influence.

Where fraud is alleged, the court is being asked to find that a specific person acted dishonestly, either by fabricating a document, by tricking the testator, or by deliberately hiding information that would have changed the testator's decisions. Because fraud is a serious allegation with serious consequences, judges expect clear and cogent evidence rather than suspicion.

A successful challenge can result in the fraudulent will being set aside entirely, with an earlier valid will taking effect instead, or the estate passing under the intestacy rules if no earlier will exists.

How to use this document

1. Gather your concerns and evidence early. Before taking any formal action, write down what you know, who told you, and when you learned it. Collect copies of any wills you have seen, correspondence with the deceased, medical records where relevant, and notes about anyone who appeared to have unusual control over the testator in their final months. Contemporaneous notes carry real weight later on.
2. Lodge a caveat at the Probate Registry. If probate has not yet been granted, entering a caveat prevents a grant from being issued while your concerns are investigated. A caveat lasts six months and can be renewed. This pauses the administration of the estate and gives you breathing room to look into the will before assets start being distributed. Check gov.uk for the current fee to enter a caveat.
3. Instruct an expert to examine the document. Where forgery or a suspicious signature is in play, a forensic document examiner or handwriting specialist can compare the disputed signature against known samples. For allegations around undue influence or capacity, medical records and witness statements from carers, neighbours and GPs often matter more than the document itself.
4. Open a dialogue with the executors. Many disputes settle without a courtroom. A solicitor's letter setting out your concerns and inviting the executors to respond can prompt disclosure of drafting files, attendance notes from the will writer, and earlier versions of the will. Mediation is strongly encouraged by the courts and can resolve matters far more cheaply than a contested probate claim.
5. Issue a claim in the High Court if necessary. If the matter cannot be resolved, formal proceedings are brought in the Chancery Division, usually as a probate claim seeking to prove the will in solemn form or to revoke a grant. These claims are document-heavy, involve witness evidence, and carry real cost risk for the losing party. Taking proper legal guidance before issuing is essential.

Common questions