Contesting a Will UK: Grounds, Process & Time Limits

What this document is

Contesting a will means asking the court to set aside or vary a will because something about it, or about the circumstances in which it was made, is legally wrong. That might be because the person who made it (the testator) did not have the mental capacity to understand what they were doing, because they were pressured into signing, because the document was not properly witnessed, or because it fails to make reasonable provision for certain family members or dependants.

A successful challenge can result in an earlier will being reinstated, the estate passing under the intestacy rules, or the court rewriting how the estate is shared out. This is different from simply disagreeing with how someone chose to divide their assets.

The courts in England and Wales generally respect the principle that people can leave their property to whomever they wish, a principle known as testamentary freedom. A disappointed expectation, on its own, is not a ground for challenge. There has to be something legally wrong with the will or the way it was made.

How to use this document

1. Gather the documents and facts early. Before doing anything else, get hold of a copy of the will, any earlier wills you know about, and any medical records, letters, or messages that shed light on the testator's state of mind or relationships in their final years. The stronger your factual picture, the easier it is to work out whether you actually have a case. 2. Identify which ground might apply. The main grounds are lack of testamentary capacity, lack of knowledge and approval, undue influence, fraud or forgery, failure to comply with the formalities in the Wills Act 1837, and claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. Each has very different evidence requirements, so pinning down the right ground matters. 3. Check the time limits carefully. Claims under the Inheritance Act 1975 must generally be brought within six months of the grant of probate, and extensions are rarely given. Other challenges, such as ones based on capacity or undue influence, are best raised before probate is granted by entering a caveat at the Probate Registry. Missing a deadline can end your case before it begins. 4. Consider entering a caveat if probate has not yet been granted. A caveat stops probate being issued for six months at a time and gives you breathing space to investigate. It is a serious step and should not be used tactically or without grounds, because the other side can challenge it and you may end up paying costs if it was not justified. 5. Explore settlement before heading to court. Will disputes are notoriously expensive, emotionally draining, and often eat into the very estate people are fighting over. Mediation and without-prejudice negotiation resolve a large proportion of cases. Courts expect parties to have tried to settle, and unreasonable refusal to mediate can be punished in costs.

Common questions