Contesting a will is a serious legal step that usually arises during times of grief and family tension. In England and Wales, a will can only be challenged on specific legal grounds. Disagreements or feelings of unfairness alone are not enough. If you believe a will is invalid or does not make reasonable financial provision, the law does allow you to take action, but it must be done correctly and within strict time limits.
This guide explains when a will can be contested, who can make a claim, and what steps are involved. Understanding the process can help you protect your rights and avoid costly mistakes.
When a will can be contested
A will can be challenged either because it is legally invalid or because it fails to make reasonable provision for certain people.
A will may be invalid if:
• The person lacked mental capacity when the will was made
• They were pressured or coerced into making it
• The will was not properly signed or witnessed
• The will is a forgery or has been altered
• The person did not understand or approve its contents
Even if a will is valid, certain people can make a financial claim under the Inheritance Provision for Family and Dependants Act 1975. This law applies in England and Wales and allows eligible people to ask the court for reasonable financial provision.
Those who may be able to make a claim include a spouse or civil partner, a former spouse who has not remarried, a cohabiting partner who lived with the deceased for at least two years, a child of the deceased, someone treated as a child of the family, or a person who was financially maintained by the deceased.
The legal process for contesting a will
The first step is to act quickly. If probate has not yet been granted, you can enter a caveat with the Probate Registry. This prevents the grant from being issued for six months and can be renewed. A caveat gives time to investigate the situation before the estate is distributed.
You should then gather evidence. This may include medical records, witness statements, previous versions of the will, financial records, and any correspondence that supports your claim.
It is strongly recommended to seek legal advice at this stage. Will disputes are complex, and the burden of proof is on the person challenging the will.
Before going to court, parties are encouraged to try mediation or negotiation. Courts in England and Wales expect reasonable attempts at settlement and may penalise those who refuse to engage.
If no agreement is reached, a formal claim is issued in the High Court or County Court depending on the type of claim. There are strict time limits. Claims under the 1975 Act must usually be made within six months of the grant of probate.
The court will consider all evidence and decide whether the will is invalid or whether reasonable provision should be made from the estate.
What to consider before taking action
Contesting a will can be emotionally and financially demanding. Legal fees can be significant, and there is no guarantee of success. In some cases, costs can be taken from the estate, but this is not automatic.
It is also important to consider the impact on family relationships. Will disputes often create long lasting conflict.
However, where a will is genuinely flawed or unfair, taking action may be necessary to achieve justice.
At Penerley, we provide clear guidance and professional support for individuals dealing with inheritance disputes. We help you understand your rights, explore your options, and take the right steps with confidence.
If you believe a will should be contested, contact Penerley today for a confidential discussion and expert support.
