Contesting a Will UK: Grounds, Time Limits & FAQs

What this document is

Contesting a will is the process of challenging either the validity of the document itself or the way the estate has been divided under it. Broadly, challenges fall into two camps. The first camp argues the will is not legally valid, for example because the person who made it lacked the mental capacity to understand what they were doing, or because it wasn't signed and witnessed properly under the Wills Act 1837.

The second camp accepts the will is valid but argues it fails to make reasonable financial provision for someone who was dependent on the deceased, which is a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975. These are very different routes with different tests, different evidence requirements and different time limits.

Picking the wrong one, or trying to run both without thinking through how they interact, can seriously weaken your position. Most disputes settle before trial, often through mediation, but the strength of any settlement depends entirely on how credible your legal position looks at the outset.

How to use this document

1. Gather what you have before anything else. Pull together a copy of the will (you can order one from the Probate Registry once probate has been granted), any earlier wills you know about, medical records if capacity is in question, and correspondence that shows the deceased's intentions. Note names and contact details of witnesses, carers, and family members who may have relevant information. 2. Lodge a caveat if probate has not yet been granted. A caveat is a formal notice to the Probate Registry that stops a grant of probate being issued for six months, giving you breathing room to investigate. It is not a challenge in itself, but it prevents the estate being distributed while you work out whether you have a claim. Caveats can be extended, and they can also be 'warned off' by the executors, which then forces you to act. 3. Identify which type of claim fits your situation. A validity challenge (capacity, undue influence, forgery, improper execution) attacks the will itself. An Inheritance Act claim accepts the will but asks the court to adjust provision for a spouse, child, cohabitee or dependant. The evidence you need, and the remedy available, differ significantly between these routes. 4. Watch the clock carefully. Inheritance Act claims must be issued within six months of the grant of probate, and extensions are discretionary and far from guaranteed. Validity challenges have no fixed statutory deadline but become much harder once assets have been distributed to beneficiaries. Delay is almost always the enemy in will disputes. 5. Consider mediation before issuing court proceedings. Contested probate litigation is expensive, slow, and publicly aired. Most cases settle, and the courts actively encourage early negotiation. A properly prepared mediation, where each side has set out their position and the evidence is reasonably clear, tends to produce better outcomes than years of correspondence followed by a trial.

Common questions