Disputing a will can be one of the most emotionally charged and legally complex matters in family law. Whether you’ve been unexpectedly left out of a loved one’s will, suspect foul play, or believe the deceased wasn’t of sound mind, it’s essential to understand how to contest a will under UK law.
This guide is written for individuals facing potential inheritance disputes and needing clear, actionable guidance. It’s also useful for solicitors and professionals who advise families during the probate dispute process.
Understanding your rights early in the process and acting decisively could make the difference between a successful challenge and a lost opportunity.
DO: Understand the Legal Grounds for Contesting a Will
If you’re exploring how to contest a will, your first move must be to determine whether you have valid legal grounds. UK courts don’t allow challenges just because someone feels the will is unfair. A claim must fall under one or more specific categories recognised by UK law.
Legal Grounds to Contest a Will in the UK:
a) Lack of Testamentary Capacity
The testator (the person who made the will) must have had the mental capacity to understand:
- What a will is and what it does
- The extent of their estate
- Who they might reasonably be expected to provide for
If the testator was suffering from dementia, mental illness, or was under the influence of medication or substances, this could form the basis of a claim.
b) Undue Influence
You can challenge a will if you believe the testator was pressured, manipulated, or coerced into making decisions they would not have otherwise made. Proving undue influence is difficult and usually requires strong evidence.
c) Lack of Proper Formalities
A will must comply with Section 9 of the Wills Act 1837, which includes:
- Being in writing
- Signed by the testator (or in their presence and by their direction)
- Witnessed by two individuals who were present at the same time
If any of these formalities weren’t met, the will could be deemed invalid.
d) Fraud or Forgery
This involves claims that the will was tampered with, or a signature was forged. These cases often require handwriting experts and forensic evidence.
e) Knowledge and Approval
Even if a will appears valid on paper, it can still be challenged if there’s doubt that the testator truly knew and approved of its contents—particularly if someone else prepared the will for them.
f) Inheritance Act Claims (Provision Claims)
If you were financially dependent on the deceased and believe the will failed to make “reasonable financial provision” for you, you can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This is common for:
- Children (adult or minor)
- Spouses or civil partners
- Cohabitees who lived with the deceased for 2+ years
- Ex-spouses who have not remarried
DO: Seek Legal Advice from a Specialist in Will Disputes
One of the most important steps in how to contest a will is choosing the right legal representation. Will disputes are niche, complex, and emotionally charged — and not all solicitors are equipped to handle them effectively.
Why a Specialist Matters
A solicitor who focuses on contentious probate and will disputes understands:
- The intricacies of the Wills Act 1837 and Inheritance Act 1975
- What evidence will hold up in court
- How to negotiate settlements without costly trials
- How to identify weak claims early and advise accordingly
They can also help you assess your position realistically — saving you time, money, and unnecessary stress.
What to Look For in a Will Dispute Solicitor
- Experience in contested probate cases
- Clear advice on funding options (e.g. fixed fees, CFA, no-win-no-fee)
- A proactive, strategic approach — not just reactive advice
- Strong negotiation and litigation track record
- Familiarity with mediation and dispute resolution
Legal Aid?
Unfortunately, legal aid is not available for contesting a will in the UK. However, a good solicitor can advise you on:
- Conditional Fee Agreements (CFA)
- Deferred fees (pay from the estate if you win)
- Litigation funding from third parties
Getting legal advice early not only strengthens your case — it also stops you making fatal missteps early on that could sink your claim later.
DO: Secure Key Evidence Early
If you’re serious about how to contest a will, you must begin collecting relevant evidence as early as possible. These cases are often won or lost on documentation, timing, and the ability to demonstrate clear inconsistencies or legal breaches.
What Kind of Evidence Do You Need?
The type of evidence depends on the grounds of your challenge, but typically includes:
a) Medical Records
If you’re challenging the testator’s mental capacity, access their GP or hospital records. These can show cognitive decline, dementia, or other conditions impacting decision-making.
b) Witness Statements
Gather written accounts from those who:
- Spoke to the deceased around the time the will was made
- Attended meetings with solicitors
- Saw any pressure or manipulation
- Can comment on the testator’s state of mind or vulnerability
c) Previous Wills
Earlier wills help show changes in intentions. A sudden departure from past patterns — especially when it favours one party — may support undue influence or lack of knowledge.
d) Communication Records
Emails, texts, and letters can paint a timeline of events. They may show:
- Isolation of the testator
- Tensions among family
- Pressure from a beneficiary
- Contradictions in the testator’s intentions
e) Legal Documents and Notes
Request copies of:
- The will and any draft versions
- The solicitor’s attendance notes
- The will file (if drafted by a professional)
These may reveal red flags — such as no assessment of capacity, or no evidence the will was read back to the testator.
Don’t Rely on Memory Alone
Memories fade. Courts favour written records and timelines. Keep your own log of key dates, conversations, and interactions — especially if they relate to the will’s preparation or the testator’s condition.
The stronger your evidence, the more likely your claim will be taken seriously — and the higher your chances of early settlement.
DO: Consider Mediation Before Going to Court
Pursuing a court case to contest a will can be lengthy, costly, and emotionally draining. Before heading to trial, one of the smartest things you can do in the process of how to contest a will is to explore mediation.
What Is Mediation?
Mediation is a structured, confidential process where a neutral third party helps the disputing parties reach a mutually acceptable agreement. It’s voluntary, non-binding until a settlement is reached, and fully private.
Why Mediation Works in Will Disputes
- Preserves family relationships (as much as possible)
- Avoids the publicity of court proceedings
- Gives you control over the outcome — not a judge
- Reduces costs significantly compared to trial
- Often leads to quicker resolution
- Shows the court you’ve acted reasonably, which can help if the case does go to court later
When to Mediate
- Once both sides have legal representation
- After disclosure of key documents (e.g. will files, medical records)
- When both parties are open to discussion and wish to avoid escalation
What to Expect
- Both parties present their side of the dispute
- The mediator facilitates discussions, identifies issues, and encourages compromise
- If agreement is reached, a settlement agreement is signed and becomes enforceable
Many inheritance disputes in the UK settle at or after mediation. It’s not a sign of weakness — it’s a sign of strategy. Mediation can save tens of thousands in legal fees and months of turmoil.
DO: Prepare for a Long Process
One of the less talked about truths of how to contest a will is the time it takes. These disputes can drag on for months — sometimes years — especially if they go to trial. Preparing mentally, emotionally, and financially for the long haul is essential.
Typical Timeline of a Will Dispute in the UK
1. Initial Investigation and Legal Advice (1–3 months)
You’ll need time to collect evidence, obtain legal advice, and consider whether your claim is strong enough to pursue.
2. Entering a Caveat or Notifying Parties (1–2 weeks)
This step protects the estate from moving forward with probate while your claim is being prepared.
3. Pre-Action Protocols and Negotiation (2–6 months)
This includes formal letters, document requests, and potential mediation discussions.
4. Court Proceedings (If Unresolved)
- Filing a claim: 1–2 months
- Case management and procedural stages: 6–12 months
- Final hearing/trial (if needed): 12–24 months from the date of issue
Why It Takes So Long
- Gathering medical and legal records takes time
- Multiple parties may be involved — often with conflicting interests
- Court schedules are heavily backlogged
- Legal arguments around mental capacity or undue influence can be complex
Be Realistic and Stay Organised
A prolonged case means prolonged stress. It’s important to:
- Keep detailed notes and documents
- Regularly review your position with your solicitor
- Stay financially prepared for ongoing costs
- Consider settlement opportunities seriously when they arise
Contesting a will isn’t just a legal effort — it’s a personal and emotional commitment. Being prepared for the length of the journey can help you avoid burnout and make smarter decisions.
DON’T: Miss the Deadlines to Contest a Will
Timing is critical when it comes to how to contest a will. Once probate has been granted and the estate starts to be distributed, your window to act begins closing rapidly. Missing deadlines could mean your claim is thrown out before it’s ever heard.
Key Deadlines You Must Know:
a) Inheritance Act Claims
If you’re bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you must file your claim within six months of the grant of probate.
b) Validity Challenges (e.g. Undue Influence, Lack of Capacity)
There’s technically no formal time limit to challenge a will’s validity, but acting before probate is granted is strongly advised. Once the estate is distributed, it’s much harder to recover assets, even if the challenge succeeds.
c) Freezing the Estate
If you suspect an invalid will, consider entering a caveat at the Probate Registry. This prevents probate from being granted and gives you time to gather evidence and issue your claim. A caveat lasts 6 months and can be renewed.
d) Executor’s Defence
The executor has a legal duty to carry out the wishes of the will. If they’ve already begun distributing the estate before a claim is brought, your case becomes weaker unless they were put on notice.
Why Deadlines Matter:
Failing to act promptly could:
- Limit your legal options
- Undermine your credibility in court
- Allow the estate to be distributed and lost
- Cost you significantly more to recover assets later
If you’re serious about contesting a will in the UK, take early legal advice and move quickly.
DON’T: Assume Emotional Reasons Are Enough to Win
When navigating how to contest a will, it’s vital to separate emotional dissatisfaction from legal merit. Many challenges fail because they’re built on feelings of unfairness or shock — not solid legal grounds.
Courts Deal in Law, Not Fairness
UK courts don’t override a valid will just because:
- You were excluded or received less than expected
- A sibling or step-relative got more
- You had a closer personal relationship with the deceased
- You believe the testator made a “moral mistake”
None of these reasons alone are enough.
What the Court Needs to See:
To succeed, you need clear, objective evidence that the will:
- Was legally invalid (e.g. not properly signed or witnessed)
- Was made under undue influence
- Was written by someone who lacked capacity
- Failed to make reasonable financial provision under the Inheritance Act
Even if a will seems cruel or irrational, that doesn’t make it illegal.
Avoid Letting Emotion Cloud Your Case
Many people feel devastated after a loved one’s death, especially if they feel wronged by the contents of a will. But letting emotion drive your decisions can:
- Weaken your position in court
- Lead to unnecessary legal costs
- Damage family relationships permanently
A strong claim is one based on evidence, documentation, and the law — not purely emotion.
DON’T: Confront Other Beneficiaries or Executors Directly
When emotions run high, it’s tempting to go straight to the source — the sibling who received the entire estate, or the executor managing probate. But if you’re learning how to contest a will, confronting others directly can damage your case.
Why You Should Avoid Confrontation:
a) It Weakens Your Legal Position
If you make threats, accusations, or informal demands without legal backing, it may undermine your credibility in court. Anything you say or write could be used as evidence — and not in your favour.
b) It Can Trigger Early Asset Distribution
Once beneficiaries or executors sense trouble, they may move quickly to distribute the estate before legal restrictions are applied. This makes recovering assets harder.
c) It Risks Escalation
Personal confrontations often lead to entrenched positions, hostility, and less willingness to negotiate later. Legal challenges should be managed through solicitors, not personal arguments.
The Correct Approach:
- Send a Letter Before Action: This is a formal legal letter outlining your claim, legal grounds, and what you are seeking.
- Enter a Caveat (if appropriate): If you believe the will is invalid, this will pause the probate process temporarily while your legal team investigates.
- Let Your Solicitor Communicate: It’s their job to contact the executor or other parties with precision, using the right tone and legal reasoning.
- Request an Larke v Nugus Statement: If the will was prepared by a solicitor, you can formally request their notes, correspondence, and explanations of how the will was created.
Taking a professional, formal approach keeps your challenge focused, credible, and legally strong.
DON’T: Assume All Costs Will Be Covered by the Estate
One of the most common misconceptions about how to contest a will is that legal costs will automatically come out of the estate — win or lose. That’s not how it works.
The Reality of Legal Costs in Will Disputes
UK courts follow the principle that the losing party pays the winner’s costs, unless there are exceptional circumstances.
Here’s how costs can play out:
a) If You Win the Case
The losing party (often the executor or another beneficiary) may be ordered to pay your legal costs. In some cases, those costs are paid from the estate — particularly if the dispute arose from the way the will was written or handled.
b) If You Lose the Case
You could be responsible for:
- Your own solicitor’s fees
- The opponent’s legal fees
- Additional court costs and disbursements
This can easily run into tens of thousands of pounds.
c) Split Decisions or Settlements
Even if the case settles, costs may still be negotiated as part of the agreement — and not always in your favour. Some parties agree to “each side bears their own costs” as a compromise.
Strategic Tip:
Requesting “Costs Protection” or using Alternative Dispute Resolution (ADR) like mediation early can limit your exposure. Also, certain Conditional Fee Agreements (CFAs) or “no-win, no-fee” structures can help you manage financial risk — though these need careful scrutiny.
Bottom Line:
Don’t contest a will unless:
- You’ve had clear legal advice on costs
- You understand what’s at stake financially
- You’ve weighed the risk versus reward
DON’T: Underestimate the Emotional Toll
Understanding how to contest a will isn’t just about law and evidence — it’s about preparing yourself for the emotional fallout that often comes with inheritance disputes.
It’s More Than a Legal Battle
You’re not just challenging a legal document. You’re often:
- Questioning the decisions of a loved one who’s passed
- Opposing family members
- Reopening old wounds, conflicts, or grievances
- Grappling with grief while managing a stressful process
Emotional Consequences Can Include:
- Family estrangement: Many will disputes permanently fracture family relationships
- Mental fatigue: The legal process can be draining, with long periods of waiting and uncertainty
- Guilt or regret: Even when justified, contesting a will can raise difficult feelings — especially if you succeed at the perceived expense of others
What You Can Do:
- Seek emotional support: Talk to a therapist, counsellor, or support group familiar with bereavement and family conflict
- Set realistic expectations: Legal victories don’t always provide emotional closure
- Keep your goals clear: Focus on protecting your rights, not punishing others
- Know when to walk away: Sometimes, the cost — emotional or financial — is too high to justify continuing
A strong claim might win you what you’re legally entitled to, but it may not bring peace or closure. Contesting a will should be a carefully weighed decision — made with your head, not just your heart.
Frequently Asked Questions
1. What does it mean to contest a will?
To contest a will means legally challenging its validity or seeking a change to how the estate is distributed. In the UK, this process usually takes place after you are done making a will, during probate and can involve claims based on mental capacity, undue influence, fraud, or lack of proper formalities. It may also involve bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you believe the will failed to make reasonable financial provision for you.
2. Who can contest a will in the UK?
You can contest a will in the UK if you fall into one of the following categories:
- A spouse or civil partner
- A former spouse or partner (if not remarried)
- A child (including adult children)
- A person treated as a child of the family
- Someone financially dependent on the deceased
- Someone named in an earlier will
- An executor or beneficiary affected by the current will
If you’re unsure about your eligibility, a solicitor specialising in how to contest a will can assess your position.
3. How long do I have to contest a will in the UK?
The time limit depends on the type of claim:
- Inheritance Act claims: Must be issued within six months of the grant of probate.
- Claims about the will’s validity (e.g. undue influence or lack of capacity): No strict deadline, but the sooner the better, especially before probate is granted.
- Caveats to prevent probate being issued: Can be entered at any time but last six months (and can be renewed).
Acting quickly is crucial if you’re considering how to contest a will — delays can limit your options.
4. How much does it cost to contest a will in the UK?
Costs vary depending on:
- The complexity of the case
- Whether it settles or goes to court
- Your solicitor’s fee structure (hourly, fixed fee, or no-win-no-fee)
- Whether you’re liable for the other side’s legal costs
Legal fees in contesting a will can range from £5,000 to £100,000+, depending on whether the matter goes to trial. Mediation can significantly reduce costs.
5. Can you contest a will after probate is granted?
Yes — but it’s more difficult. Once probate is granted and the estate is distributed, you may need to recover assets that have already been passed on. Some claims are still possible, especially if fraud or undue influence is discovered, but legal hurdles are higher. If you’re wondering how to contest a will after probate, you must act fast and get specialist legal advice.
6. What evidence do I need to contest a will?
The evidence depends on your claim. Key documents often include:
- Medical records of the deceased (for mental capacity claims)
- Witness statements from friends, carers, or professionals
- Earlier versions of the will
- Solicitor notes and drafting files
- Emails or texts showing pressure, coercion, or influence
- The original will and probate documents
Gathering this evidence early is a core part of any strategy in how to contest a will successfully.
7. What is a caveat and how do I use it when contesting a will?
A caveat is a formal request entered at the Probate Registry that prevents a grant of probate from being issued. It gives you time to investigate and prepare a claim. A caveat lasts for six months and can be renewed. If you’re serious about how to contest a will, lodging a caveat early can stop the estate from being distributed too soon.
8. What happens if I lose a will contest?
If your challenge fails:
- You may be ordered to pay the other party’s legal costs
- You will lose any claim to the estate (unless already agreed through negotiation)
- The court may also view the challenge as unreasonable if no valid grounds were presented
Understanding how to contest a will includes knowing the risks — losing can be costly both financially and emotionally.
9. Can a handwritten or DIY will be contested more easily?
Yes — handwritten or DIY wills are more prone to being challenged, especially if:
- No witnesses were present
- There’s no record of the testator’s capacity
- The language is unclear or contradictory
- The will contradicts previous versions without explanation
If you’re wondering how to contest a will that was prepared without professional help, the likelihood of success may be higher — especially on grounds of formalities, capacity, or knowledge and approval.
10. Can stepchildren or unmarried partners contest a will?
Yes — but only under certain conditions. If you were:
- Financially dependent on the deceased
- Living with them as a couple for at least 2 years prior to death
You may bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Contesting a will as a stepchild or unmarried partner often revolves around demonstrating a real financial relationship with the deceased.
Need Help Contesting a Will? Let’s Talk.
If you’re unsure how to contest a will or whether you have a valid claim, the right advice now can save you time, money, and further heartache down the line.
At Salam Immigration, we work with trusted UK legal professionals experienced in contested probate, Inheritance Act claims, and will disputes. Whether you need guidance on entering a caveat, securing key documents, or negotiating a settlement — we’re here to help.
Don’t wait until it’s too late. Contact us today
