Published by Nazmin Sultan-Khan on 28 December 2025

Challenging a Will can feel overwhelming, particularly when grieving the loss of a loved one, but understanding the legal grounds and process can empower individuals to take timely action when they believe a Will may be invalid or unfair. In England and Wales, strict legal frameworks govern when and how a Will can be contested, making specialist legal advice essential for anyone considering this course of action.

Legal Grounds for Challenging a Will

Lack of Testamentary Capacity

A Will can be challenged if the person making it (the testator) lacked the mental capacity to understand the nature and effect of their decisions at the time of signing. The test for capacity originates from the landmark case Banks v Goodfellow (1870), which requires that the testator understood what making a Will entails, comprehended the extent of their property, appreciated the claims of potential beneficiaries, and had no mental disorder that perverted their judgment. This ground is particularly relevant when the testator suffered from conditions such as dementia or other cognitive impairments at the time the Will was executed.

Undue Influence or Coercion

Undue influence occurs when excessive pressure or coercion is used to persuade someone to change their Will, overwhelming the testator’s own wishes. The Law Commission recognised in May 2025 that proving undue influence is too difficult under the current law and recommended that courts should be able to infer undue influence where evidence provides reasonable grounds to suspect it. Common indicators include unexpected changes to a Will made when death is near, the testator being isolated from family members, or situations where the testator was dependent on the person benefiting from the Will changes.

Fraud or Forgery

A Will can be contested if there is evidence that the signature has been forged by someone other than the deceased or if the Will was created fraudulently. This ground requires clear evidence that the document was not genuinely executed by the testator or that the testator was deliberately misled about the contents of the Will.

Improper Execution

The Wills Act 1837 sets out strict formalities for executing a valid Will, and failure to observe these requirements can render a Will invalid. A valid Will must be in writing, signed by the testator (or by someone else in their presence and at their direction), and witnessed by two independent witnesses who must be present simultaneously when the testator signs. The Law Commission published recommendations in May 2025 to modernise these requirements, including provisions for electronic Wills, though the fundamental execution requirements remain in place.

Inheritance Act Claims

Separately from challenging validity, eligible individuals can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe the Will fails to make reasonable financial provision for them. Eligible claimants include spouses, civil partners, former spouses, children (including stepchildren), cohabitees who lived with the deceased for at least two years, and anyone who was financially maintained by the deceased.

The Process of Challenging a Will

Initial Steps and Evidence Gathering

The first step involves consulting a specialist contentious probate solicitor who can evaluate whether there are valid grounds for a challenge. This initial consultation typically takes one to four weeks and involves reviewing the Will, gathering relevant documents, and assessing the strength of the potential claim. Evidence required varies depending on the grounds but may include medical records demonstrating lack of capacity, witness statements about undue influence, or documentation showing improper execution.

Critical Timeframes

Timeframes for challenging a Will vary significantly depending on the type of claim. For claims challenging the validity of a Will based on lack of capacity, undue influence, fraud, or improper execution, there is generally no strict time limit, though unreasonable delay may result in the court refusing to hear the claim. However, claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be issued at court within six months from the date of the Grant of Probate. This is a strict deadline, and whilst the court has discretion to extend time in exceptional circumstances, permission must be sought, and there is no guarantee it will be granted.

For those concerned about contentious probate matters more broadly, understanding the various types of disputes that can arise over Wills, estates, and inheritance can provide valuable context for the challenges ahead.

Alternative Dispute Resolution vs Court Proceedings

Mediation offers a far more cost-effective route than court proceedings and is strongly encouraged in contentious probate matters. Mediation fees for straightforward disputes typically range from £5,000 to £10,000 plus VAT, compared to significantly higher costs if the matter proceeds to trial. The courts have emphasised the importance of engaging in mediation, with serious cost consequences for parties who unreasonably refuse to participate. If mediation is unsuccessful, the matter may proceed to a court trial, which can take six to twelve months to schedule and several weeks to resolve.

Likely Outcomes and Costs

Financial Implications

The cost of challenging a Will depends substantially on when the matter is resolved. If an opponent accepts the claim after initial correspondence, fees may be no more than a few thousand pounds. More complex disputes that proceed to mediation will incur higher costs, whilst matters that reach court trial can result in substantial legal fees running into tens of thousands of pounds. The general rule is that the unsuccessful party pays the costs of the successful party, though in contentious probate matters, the court has discretion to order costs to be paid from the estate if the litigation was caused by the testator’s actions or if circumstances reasonably led to an investigation.

Potential Outcomes

Successful challenges can result in the Will being declared invalid, in which case a previous valid Will takes effect, or if no previous Will exists, the estate is distributed according to intestacy rules. For Inheritance Act claims, the court may order various forms of financial provision, including lump sum payments, transfer of property, or periodic payments, depending on the claimant’s needs and the size of the estate.

When to Seek Specialist Legal Advice

Anyone considering challenging a Will should seek specialist legal advice as soon as possible, particularly given the strict six-month timeframe for Inheritance Act claims. Early legal advice is crucial for assessing the strength of a claim, gathering necessary evidence, and complying with procedural requirements. Solicitors specialising in contentious probate can guide clients through each stage of the process, from initial evaluation through mediation or court proceedings, ensuring that all legal requirements are met and the client’s interests are protected.

If you believe a Will may be invalid or fails to make reasonable provision for you, contact our specialist contentious probate team today for a confidential consultation. Early action is essential to protect your rights and ensure you meet all critical deadlines.

Frequently Asked Questions

1On what grounds can you challenge a Will?

A Will can be challenged on several legal grounds in England and Wales, including lack of testamentary capacity (where the testator did not have the mental ability to understand what they were doing), undue influence or coercion, fraud or forgery, and improper execution (failure to comply with the formal requirements of the Wills Act 1837). Additionally, eligible individuals can make claims under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe the Will fails to make reasonable financial provision for them.

2What is the best way to contest a Will?

The best approach begins with consulting a specialist contentious probate solicitor as early as possible to assess the strength of your claim and gather necessary evidence. Many disputes are resolved through initial correspondence or mediation, which is far more cost-effective than court proceedings. Mediation should be seriously considered before resorting to litigation, as courts impose significant cost penalties on parties who unreasonably refuse to engage in alternative dispute resolution.

3Is it worth challenging a Will?

Whether challenging a Will is worthwhile depends on the strength of your grounds, the value of what is at stake, and the costs involved. If there is clear evidence of a lack of capacity, undue influence, or improper execution, a challenge may be justified. However, challenges are complex and can be expensive if they proceed to court, so it is essential to obtain specialist legal advice to evaluate the merits and likely costs before proceeding.

4How much does it cost to challenge a Will in the UK?

Costs vary significantly depending on when the matter is resolved. If resolved through initial correspondence, fees may be just a few thousand pounds. Mediation typically costs between £5,000 and £10,000 plus VAT for straightforward disputes, whilst complex cases cost more. If the matter proceeds to a full court trial, legal costs can run into tens of thousands of pounds. The unsuccessful party typically pays the successful party’s costs, though courts have discretion in contentious probate matters to order costs from the estate in certain circumstances.

5What evidence do I need to contest a Will?

Required evidence depends on the grounds for challenge. For lack of capacity claims, medical records, GP notes, and witness statements about the testator’s mental state at the time of signing are crucial. For undue influence claims, evidence may include witness testimony about isolation, dependency, or coercion, as well as documentation showing unexpected changes to the Will. For improper execution claims, evidence must demonstrate that the formalities required by the Wills Act 1837 were not followed. A specialist solicitor can advise on what specific evidence is needed for your particular circumstances.

6What are the odds of successfully contesting a Will in the UK?

Success rates depend entirely on the strength of the evidence and the legal grounds for the challenge. Claims based on lack of capacity with strong medical evidence have reasonable prospects, whilst undue influence claims are notoriously difficult to prove as the law currently requires evidence of coercion that overwhelmed the testator’s Will. The Law Commission recognised in 2025 that proving undue influence is too difficult and recommended reforms to make it easier. Early assessment by a specialist solicitor is essential to evaluate realistic prospects of success.

7How long after someone dies can you contest a Will?

For challenges to the validity of a Will (such as lack of capacity, undue influence, fraud, or improper execution), there is generally no strict time limit, though unreasonable delay may result in the court refusing to hear the claim. However, claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be issued at court within six months from the date of the Grant of Probate. This is a strict deadline, and whilst the court can grant permission to bring a claim after this period, there is no guarantee permission will be given.

8Can I contest a Will without a solicitor?

Whilst it is legally possible to contest a Will without a solicitor, it is strongly inadvisable given the complexity of contentious probate law and the strict procedural requirements. The evidence required, court procedures, and potential cost consequences make specialist legal representation essential for protecting your interests. Many solicitors offer initial consultations to assess the merits of a claim, and early professional advice can prevent costly mistakes and ensure critical deadlines are met.

9Who decides if a Will is valid?

Ultimately, if a Will’s validity is challenged and cannot be resolved through negotiation or mediation, the court will decide whether the Will is valid. The court will examine all evidence relating to the grounds of challenge, such as medical evidence of capacity, witness testimony about undue influence, or documentation about execution formalities. Before reaching court, executors and beneficiaries may accept that a Will is invalid if presented with compelling evidence, leading to a resolution without formal court determination.

How to Challenge a Will in England and Wales: A Complete Guide