Probate · 10 min read · Published
Contesting a will: grounds, process and time limits
The legal grounds for contesting a will in England and Wales, and who can claim. It also covers the time limits, the costs and what to expect.
By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.
This guide is general information about the law of England and Wales, not legal advice. Each case is assessed on its own merits.
Guides · Probate · No. 16 of 21Published · 10 minutes
Finding out that a will leaves you out, or leaves you much less than you expected, is upsetting. If you believe a will is unfair or invalid, you may have legal grounds to challenge it.
Contesting a will is a serious step and not every claim succeeds. This guide explains the grounds for challenging a will, who can claim, the time limits and the process.
Grounds for contesting a will
There are two main legal routes for challenging a will in England and Wales. They are often confused, but they work very differently. A claim to correct a will (rectification) is separate. It covers a clerical error, or a failure to understand the will-maker's instructions. It must be made within six months of the first grant, unless the court gives permission.
Two Routes to Contest a Will
| Challenging Validity | Inheritance Act Claim |
|---|---|
| Claims the will itself is legally invalid | Accepts the will is valid but argues it is unfair |
| Grounds: lack of capacity, undue influence, fraud, improper execution | Claims "reasonable financial provision" was not made |
| No fixed time limit (but act quickly) | Strict six-month time limit from the grant of probate |
| If successful, an earlier will or the intestacy rules apply | The court can order provision from the estate |
| Available to anyone with an interest in the estate | Only open to specific categories of applicant |
Challenging the validity of a will
A will can be declared invalid if it fails to meet the legal requirements. The main grounds are:
Lack of testamentary capacity: the person did not understand what they were doing when they made the will. These claims often arise where the person had dementia or another condition affecting the mind. A diagnosis alone does not mean the person lacked capacity.
Undue influence: someone coerced the person into making the will, or into including certain gifts, overriding their own wishes. Persuasion or appeals to affection are not enough. The person challenging the will must prove it. This is hard, but not impossible.
Fraud or forgery: the will, or part of it, was created dishonestly. For example, the testator was tricked into signing a document they did not understand, or the signature was forged.
Improper execution: the will was not signed and witnessed correctly. Under the Wills Act 1837, the testator must sign in the presence of two witnesses, who then both sign in the testator's presence.
Lack of knowledge and approval: the testator did not know or approve the contents of the will. This can happen when someone else prepared the will and the testator signed it without understanding what it said.
Inheritance Act claims: "reasonable financial provision"
Even if a will is valid, certain people can claim that it does not make "reasonable financial provision" for them. The law is the Inheritance (Provision for Family and Dependants) Act 1975. It applies only where the person who died was domiciled in England and Wales.
The people who can claim are:
- The deceased's spouse or civil partner
- A former spouse or civil partner who has not remarried or formed a new civil partnership, unless a court order made on the divorce or dissolution bars the claim
- A child of the deceased, of any age
- Anyone treated as a child of the family, such as a step-child
- A person who was being financially maintained by the deceased
- A partner who lived with the deceased as a couple for the whole of the two years immediately before the death
The court weighs several factors, including the applicant's financial needs, the size of the estate, any obligations the deceased had to the applicant, and the needs of the beneficiaries named in the will. Except for a spouse or civil partner, provision is limited to what is reasonable for the applicant's maintenance. Feeling that a will is unfair is not enough on its own.
The process of contesting a will
How a Will Contest Typically Unfolds
- Take legal advice earlyA contested probate solicitor will assess whether you have a real claim and advise on the best approach.
- Enter a caveat (if needed)If you dispute whether the will is valid, a caveat stops the grant of probate being issued while you investigate. It lasts six months and can be extended. It is not the right step for an Inheritance Act claim, and it can be challenged with a warning.
- Gather evidenceThis may include medical records (for capacity), witness statements, financial records and letters or messages showing the deceased's intentions.
- Try negotiation or mediationMost will disputes are resolved without a court hearing. A solicitor will try to negotiate a settlement that everyone can accept.
- Issue court proceedings (if necessary)If negotiation fails, you may need to issue a claim. The court considers the evidence and makes a binding decision.
Will disputes in East Yorkshire
Will disputes can arise in any family. Grief and old family tensions often make them harder. If you are in Bridlington or East Yorkshire and have concerns about a will, take advice from a solicitor. Choose one who understands both the law and how sensitive these situations are.
Aaron advises on both sides of will disputes: people who want to challenge a will, and executors defending one. He always tries to settle matters by negotiation first, to keep costs and stress down.
Sources
The official pages behind the rules this guide explains. Each was checked on .
Wills Act 1837, section 9: Signing and attestation of wills
legislation.gov.uk
Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 20 March 2026 · Ends
