Last updated: 11 April 2026

Most people assume that once a will is read, it’s final — but that’s not always true. In the UK, you have specific legal rights to challenge a will if you believe it’s invalid, unfair, or doesn’t reflect the deceased’s true wishes. This matters because many families discover problems only after the funeral is over, when emotions are running high and time is running out.

If you’re a family member who believes you’ve been treated unfairly, or if you suspect the will itself is flawed, you’re not alone — and there are legitimate legal paths available to you. This guide covers the grounds for contesting a will, who has the right to challenge it, how long you have to act, and what the process actually looks like in practice.

I’ve supported many Washington families through difficult times at The Teal Farm, and I’ve seen how estate disputes can add real strain to bereavement. Understanding your rights early can make a real difference to how you move forward.

Who Can Contest a Will in the UK?

Not everyone can challenge a will — the law is specific about who has standing to bring a claim. You can contest a will if you are the spouse or civil partner of the deceased, a direct descendant (child or grandchild), a dependent who relied on the deceased financially, or a creditor of the estate. If you fall outside these categories, your legal options are very limited.

The reason for this restriction is straightforward: the law recognises that certain people have a legitimate interest in how the estate is distributed. If you’re a child or spouse and the will excludes you entirely, or leaves you with far less than would be reasonable, you have a claim. If you’re a stepchild or a close family friend, your position is weaker, though not necessarily impossible if you can prove you were financially dependent on the deceased.

Spouses and Civil Partners

If you were married to or in a civil partnership with the person who died, you have the strongest position. You can claim that the will doesn’t make reasonable financial provision for you, even if the will is technically valid. The courts have broad powers to adjust how the estate is divided in your favour if they believe the will is unfair.

Children and Grandchildren

Your right to contest depends on your age and your relationship with the deceased. Adult children can claim that the will doesn’t make reasonable provision for them, particularly if they’re in genuine financial difficulty. Younger children or dependent children have stronger claims. Grandchildren can challenge only in specific circumstances — usually if their parent (the deceased’s child) has died before the deceased.

Dependants

If you were living with the deceased and relied on them financially — even if you’re not a blood relative — you may have grounds to claim. This includes long-term partners, grown-up children, parents, or siblings who were being supported. You’ll need to prove the dependency to the court.

Legal Grounds for Contesting a Will

There are several distinct reasons why a will might be open to challenge. Understanding which ground applies to your situation is essential, because the evidence you’ll need and the court process will differ depending on what you’re alleging.

Lack of Testamentary Capacity

Testamentary capacity means the person making the will had sufficient mental capacity to understand what they were doing at the moment they signed it. If the deceased was suffering from dementia, severe mental illness, or the effects of medication that clouded their judgment, the will may be invalid. This is one of the most common grounds for challenge, particularly when someone dies at an advanced age.

You don’t need to prove the person was completely incapable — just that they didn’t understand the extent of their property, who their family members were, or what they were doing when they signed. Medical records, GP statements, and witness testimony can all help establish this.

Undue Influence

Undue influence means someone pressured or coerced the deceased into changing their will in a way they otherwise wouldn’t have. This is different from simple persuasion — it’s when someone in a position of trust (a carer, a family member living with them, a solicitor) uses their influence in a way that overrides the deceased’s free will.

Proving undue influence is challenging and requires evidence: changes in the will that benefit someone close to the deceased, isolation of the deceased from other family members, or evidence that the person who benefited was in a position to pressure them. Recent wills that benefit unexpected people, or significant changes made near the end of life, can raise suspicion.

Fraud or Forgery

If the will is forged, wasn’t signed by the deceased, or was signed under false pretences, it’s invalid. This is less common but does happen — sometimes a family member creates a fake will to inherit more than they’re entitled to. You’ll need to produce evidence of forgery, often through handwriting experts or witnesses.

Failure to Make Reasonable Financial Provision

This is different from the grounds above. The will might be technically valid, but the court can override it if it doesn’t make reasonable financial provision for you as a spouse, child, or dependant. This is covered under the Inheritance (Family Provision) Act 1975, and it’s one of the most important pieces of law protecting family members.

For example, if a wealthy deceased left £100,000 to a distant relative and nothing to their spouse and adult child in genuine need, a court could redistribute that estate. The test is whether the will makes reasonable provision — not whether it’s equal, but whether it’s fair given the circumstances.

Breach of Trust or Improper Execution

If the will wasn’t signed correctly, didn’t have proper witnesses, or wasn’t executed according to the legal requirements set out in the Wills Act 1837, it may be invalid. The law requires specific formalities to prevent fraud, so if corners were cut, the whole will can fail.

Time Limits and Deadlines

One of the most important things to understand about contesting a will is that there are strict time limits. Missing a deadline can mean you lose your right to challenge, even if your claim is strong. Time pressure is real, and it’s one reason to seek legal advice quickly.

Claims on the Estate (Inheritance Act Claims)

If you want to claim that the will doesn’t make reasonable provision for you under the Inheritance Act, you must start your claim within 6 months of the grant of probate. This is an absolute deadline, and the courts have very limited power to extend it. After 6 months, you need the permission of the other beneficiaries or the court, and that permission is rarely given unless you have a very good reason for the delay.

The grant of probate is the document that gives the executor legal authority to distribute the estate. Once that document is issued, the clock starts ticking. If you think you might have a claim, don’t wait — consult a solicitor within the first three months to give yourself time.

Claims About the Validity of the Will

If you’re claiming the will is invalid (lack of capacity, undue influence, forgery, or improper execution), the time limit is less strict, but you still need to act within reasonable time under common law. Generally, this means acting within a few years, but delay will work against you because evidence becomes harder to gather and witnesses may become unavailable.

Caveat and Will Dispute Notices

If the will hasn’t been granted probate yet, you can lodge a caveat at the probate registry to prevent probate being granted while you gather evidence. This buys you time. You can also enter a caveat if you believe a will is a forgery and another will has been submitted. This is a tactical option that your solicitor can advise on.

The Legal Process Explained

Contesting a will is a court process, and it’s formal, structured, and requires professional legal representation. Understanding the stages will help you prepare mentally and practically for what’s ahead.

Step 1: Seek Legal Advice

Before you do anything else, speak to a solicitor who specialises in probate or contentious probate. This is the first critical step. A solicitor will review your circumstances, the will, any evidence you have, and advise you whether you have a realistic claim. They’ll also estimate costs and potential outcomes. This initial consultation doesn’t commit you to anything, but it gives you a clear picture of whether it’s worth pursuing.

Step 2: Gather Evidence

Your solicitor will help you gather medical records, witness statements, correspondence, and any other evidence relevant to your claim. If you’re arguing lack of capacity, you’ll need medical documentation. If undue influence, you’ll need evidence of the relationship and pressure. This stage is crucial — strong evidence wins cases.

Step 3: Attempt Negotiation

Before heading to court, solicitors will write to the executors and other beneficiaries setting out your claim. Many will disputes are settled at this stage through negotiation. The threat of court costs, the uncertainty of a hearing, and the desire to avoid a public family dispute often encourage settlement. If a settlement is reached, you won’t need to go to court.

Step 4: Court Proceedings

If negotiation fails, your case goes to the Probate, Family and Divorce Division of the High Court, or (for simpler cases) the county court. You’ll file a formal claim, the other side will respond, there may be a hearing, and the judge will decide. Throughout this process, there will be deadlines for exchanging evidence and documents. Your solicitor will manage these and prepare your case.

Step 5: Court Decision

The judge will make a decision based on the evidence and the law. They might uphold the will as written, declare it invalid, or (in inheritance claims) order that additional provision be made for you from the estate. If you lose, you may be ordered to pay some of the other side’s costs — this is a real financial risk.

Costs and Funding Your Challenge

Contesting a will is expensive. This is probably the most important practical reality to understand before you start. Legal fees can run into tens of thousands of pounds, and you need to be clear-eyed about whether the potential benefit is worth the cost.

Solicitor and Barrister Fees

Solicitors typically charge by the hour, and contentious probate work is charged at premium rates — anywhere from £200 to £500+ per hour depending on experience and location. A straightforward inheritance claim might cost £3,000 to £10,000 to progress, but a complex case that goes to court can cost £20,000 to £100,000 or more. Barristers’ fees are additional.

Court Fees

Filing a claim in the high court costs £154 (as of 2026), but this is small compared to your solicitor’s fees. The real cost is the time, the process, and the legal work involved.

The Risk of Costs Orders

If you bring a claim and lose, the court can order you to pay the other side’s legal costs as well as your own. This is called a costs order, and it’s a serious financial risk. If you lose an inheritance claim that cost you £30,000, you could be liable for another £30,000 of the other side’s costs — £60,000 total. This is why people take legal advice seriously before starting.

Legal Funding Options

Some solicitors offer conditional fee agreements (no win, no fee), though this is less common in probate work. Others may offer staged payment plans. Some cases can be funded through legal expense insurance if the deceased had a policy. It’s worth asking your solicitor what options exist, but realistically, you’ll need to fund most of the costs yourself upfront.

When Costs Can Come From the Estate

In some cases, the court will order that your reasonable legal costs come from the estate itself, particularly in Inheritance Act claims where the court decides the will doesn’t make reasonable provision. This happens when the court agrees you had a legitimate claim and the estate should bear the cost of sorting it out. However, this isn’t automatic — your solicitor will advise on whether it’s likely in your case.

What Happens After You Contest a Will

Understanding what comes after the legal process ends is just as important as understanding how to start. Contesting a will has real consequences for the family and the distribution of the estate.

Delay to Estate Distribution

Once a will is contested, the estate cannot be distributed until the dispute is resolved. This means beneficiaries who are expecting money, or who need access to property, have to wait. This can be months or even years if the case goes to court. If the deceased left debts, creditors may also have to wait. This creates genuine hardship for some people and adds to the stress of the wider family.

Family Relationships

Contesting a will is a public and formal way of saying you believe someone in your family acted wrongly. It puts strain on relationships that may never fully recover. I’ve seen families at The Teal Farm where people have mourned together beautifully, but I’ve also seen families fractured by disputes over wills. Think carefully about whether the financial outcome is worth the human cost.

Settlement or Court Order

If your case succeeds, the will is either declared invalid (in which case an earlier will might apply, or the person dies intestate), or you receive additional provision from the estate. If you reach a settlement, you get whatever was agreed. If the court decides, you get what the judge orders. Either way, there’s finality — the dispute is resolved.

When to Seek Estate Professional Support

If you’re dealing with a complex estate situation — particularly one involving disputes about inheritance, assets, or fairness — it helps to know you have support. When families come through difficult moments, having a warm, dignified space to gather and remember the person who died can help the healing process. If you’re planning a celebration of life or a wake while also navigating legal complexities, the environment and care you choose matter more than you might realise.

The Teal Farm has supported many Washington families through complicated times. We host wakes and celebrations of life in a calm, welcoming space, and we’ve learned that these gatherings are often where families begin to heal from whatever disputes or difficulties came before.

Finding expert legal guidance on will disputes is essential — but so is knowing you have support around you during a difficult time. Whether you’re navigating a will dispute or planning to honour someone’s memory, we’re here to help create space for remembrance.

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