How to contest a will in the UK? A step-by-step guide

When faced with a will that seems unfair, unexpected, or legally questionable, many find themselves asking: “can you contest a will?” Contesting a will, however, isn’t simply about disappointment with inheritance. It addresses genuine concerns about undue influence, lack of mental capacity, or procedural irregularities that may invalidate the document. While this guide outlines the key steps involved in challenging a will in the UK, explaining the legal grounds, time limits, and procedures involved, seeking advice from a solicitor specialising in wills, trusts, and estate litigation is strongly recommended before taking action.

Discover how to protect your inheritance rights with our comprehensive step-by-step guide to contesting a will in the UK.

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Who can contest a will in the UK?

Can anyone contest a will? No, not everyone has the legal right to challenge a will in the UK, regardless of how unfair they perceive it to be. The law establishes specific groups of individuals who can contest a will:

• Immediate family members: Spouses, civil partners, and children (including adopted) who can claim under the Inheritance Act 1975 if reasonable financial provision wasn’t made.
• Beneficiaries of previous wills: Individuals who stood to inherit more under an earlier will and can challenge the validity of the newer testament.
• Financial dependents: Anyone partially or wholly maintained by the deceased, including unmarried partners (of 2+ years), grandchildren, or non-relatives who relied on the deceased’s support.
• Creditors: Those to whom the deceased owed substantial debts, particularly if the will appears structured to avoid these obligations.

When can you contest a will: Legal grounds for contesting a will UK

For successfully contesting a will, you must establish one or more specific legal grounds recognised by UK courts:

• Lack of testamentary capacity: A will can be challenged if the testator lacked mental capacity when it was made.
• Undue influence: If someone pressured or coerced the testator into making certain provisions, the will may be set aside.
• Fraud or forgery: A will may be invalid if the testator was misled about its contents, or if the will or signature was forged.
• Lack of knowledge and approval: Challenges often arise when the will benefits the person who drafted it, or if the testator had conditions like blindness or illiteracy.
• Lack of reasonable financial provision: Under the Inheritance Act 1975, certain individuals can claim the will fails to provide for them adequately, even if the will is valid.
• Lack of valid execution: A will must meet the formal requirements of the Wills Act 1837, i.e. it must be in writing, signed by the testator, and witnessed by two people who also sign it.

Time limit to contest a will

Missing the following deadlines can permanently bar your claim regardless of its merit:

• Inheritance Act claims: File within 6 months of probate being granted when claiming insufficient financial provision for dependents or family members.
• Will validity challenges: Bring within 12 years of the testator’s death for capacity or undue influence claims, though acting within months is strongly recommended.
• Rectification claims: Submit within 6 months of probate to correct clerical errors or misunderstood instructions.
• Proprietary estoppel: Initiate within 6 years for claims based on unfulfilled promises made by the deceased.

Step-by-step guide: How to contest a will

Contesting a will requires a methodical approach to maximise your chances of success:

• Initial assessment: Evaluate your legal standing and grounds for challenge before proceeding. Consult a solicitor about case merits, costs, and potential outcomes.
• Gathering evidence: Collect supporting documentation including disputed and previous wills, medical records, financial dependency evidence, correspondence, and witness statements.
• Lodging a caveat: If probate isn’t granted yet, consider filing a caveat at the Probate Registry to temporarily freeze estate distribution while you prepare your case.
• Mediation and negotiation: Many will disputes resolve through alternative dispute resolution, saving costs and relationships through professionally facilitated compromise.
• Formal legal proceedings: If needed, your solicitor will file a claim form with the court, initiating a process of document disclosure, witness statements, and potential hearings.

The success rate of contesting a will UK

Approximately 50-60% of contested wills result in some form of settlement favouring the challenger, though complete invalidation occurs in only 10-15% of cases.

Examples of wills that have been successfully contested include:

• Ilott v Mitson (2017): An estranged daughter challenged her exclusion from her mother’s will under the Inheritance Act. Despite a 26-year estrangement, the Supreme Court awarded her £50,000, demonstrating that even long-estranged children may have valid claims.
• Sharp v Hutchins (2015): The court invalidated a will where a carer had arranged for the will to be drafted, leaving herself the entire estate. This case highlighted the importance of the “knowledge and approval” requirement, particularly when the main beneficiary is involved in creating the will.
• Marley v Rawlings (2014): The Supreme Court rectified a will where a husband and wife accidentally signed each other’s nearly identical wills, showing the court’s willingness to correct obvious mistakes to fulfil clear testamentary intentions.

FAQs

• Can you contest a will after probate? You still have 6 months from probate for Inheritance Act claims and up to 12 years for validity challenges.
• Can you get legal aid to contest a will UK? Legal aid is generally unavailable for will contests.
• Can someone contest a will if they are not in it? Individuals not mentioned in a will can challenge it if they were financial dependents, named in a previous will, or are close family members.
• Can grandchildren contest a will UK? Grandchildren can claim if they were financially dependent on the deceased or have evidence of the will’s invalidity.
• Can a sibling contest a will? Sibling contesting will UK is valid when they were named in a previous will, were financially dependent, or have evidence of undue influence or incapacity.
• Can step children contest a will? Step-children can claim under the Inheritance Act if they were treated as “children of the family” or were financially dependent on the deceased.
• Can an executor contest a will? An executor who is also a potential beneficiary can contest, but typically must step down from their executor role during the challenge.
• Can estranged children contest a will? Estrangement doesn’t remove the right to claim, though it may affect what constitutes “reasonable provision” under the Inheritance Act.
• Can you contest a will in Scotland? Scottish law differs, providing “legal rights” that automatically entitle spouses and children to portions of the estate regardless of the will.

Contesting a will in the UK requires understanding legal grounds, time limits, and procedural requirements. While challenging, the process offers recourse when genuine concerns exist about a will’s validity or fairness. Professional legal guidance maximises your chances of success in navigating this complex but sometimes necessary journey.

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KEY TAKEAWAYS

• Contesting a will requires valid legal grounds including lack of testamentary capacity, undue influence, fraud, or insufficient provision for dependants.
• Only certain individuals have legal standing to contest, including immediate family members, financial dependents, beneficiaries of previous wills, and creditors.
• Strict time limits apply, with most Inheritance Act claims requiring action within 6 months of probate being granted.