At Blackstone Solicitors, we often receive enquiries from people asking whether siblings can challenge the contents of a will. The answer is yes, in certain circumstances, but whether a challenge will succeed depends on the legal grounds, the evidence available, and the specific facts of the case.
Contesting a will is rarely straightforward, and disputes between brothers and sisters can be particularly sensitive. Not only are there complex legal questions to address, but there may also be deep family history and emotions involved. This guide explains the legal position for siblings across England and Wales, the grounds on which a will may be contested, the process to follow, and the factors that can influence the outcome.
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When might siblings want to contest a will?
Disputes between siblings over a parent’s or relative’s will are among the most common types of inheritance disputes. Reasons for wanting to contest a will can include:
- One sibling receiving significantly more than others without explanation
- A sibling being excluded from the will entirely
- Concerns that another sibling influenced the deceased inappropriately
- Suspicion that the will was not properly signed or witnessed
- Doubts over whether the deceased understood what they were doing when making the will
It is important to remember that the law does not automatically require parents to leave their estate equally between their children. However, there are legal protections in place to prevent unfair treatment in certain circumstances.
Legal grounds for siblings to contest a will
There are two broad legal routes by which a sibling might challenge a will:
- Challenging the validity of the will – arguing that the will is not legally valid and should not be admitted to probate.
- Making a claim for financial provision – seeking a share of the estate under the Inheritance (Provision for Family and Dependants) Act 1975 if you were financially dependent on the deceased.
Below, we explain the most common grounds for challenging a will’s validity.
- Lack of testamentary capacity
The person making the will (the testator) must have had the mental capacity to understand:
- They were making a will and its consequences
- The extent of their estate
- Who might reasonably expect to benefit
If the deceased was suffering from dementia, mental illness, or the effects of certain medication, their capacity could be questioned. Medical evidence and witness testimony are often vital in these cases.
- Lack of knowledge and approval
Even if the deceased had capacity, the will must reflect their true intentions. If there are suspicious circumstances — for example, if one sibling prepared the will and gained a substantial benefit — the court may require proof that the deceased understood and approved its contents.
- Undue influence
If a sibling exerted pressure or coercion on the deceased to make certain decisions in the will, the will can be declared invalid. Proving undue influence can be challenging because it often happens in private, but patterns of behaviour, isolation of the deceased, or sudden changes to the will can be strong indicators.
- Fraud or forgery
If a will has been altered without consent or the signature is forged, the court can set it aside. Handwriting experts and forensic document analysis may be required to prove such claims.
- Failure to comply with formalities
Under the Wills Act 1837, a will must:
- Be in writing
- Be signed by the testator (or someone in their presence and at their direction)
- Be witnessed by two people present at the same time
- Be signed by the witnesses in the presence of the testator
If these formalities were not followed, the will is invalid.
Claims under the Inheritance Act 1975
Even if a will is valid, a sibling may still be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975 if:
- They were financially dependent on the deceased at the time of death; and
- The will (or intestacy rules) does not make reasonable financial provision for them.
It is important to note that being a sibling alone is not enough — the claimant must prove dependency. Examples include living rent-free in the deceased’s home, receiving regular financial support, or relying on them for essential living costs.
The process for siblings contesting a will
While the legal principles are the same for siblings as for any other claimant, disputes between brothers and sisters can be more complicated due to the personal relationships involved.
Step 1 – Seek legal advice immediately
Acting quickly is essential, particularly if probate has not yet been granted. Your solicitor can enter a caveat with the Probate Registry to temporarily stop probate being issued, giving time to investigate the case.
Step 2 – Gather evidence
Evidence may include:
- Copies of previous wills
- The solicitor’s will-making file
- Medical records
- Statements from friends, carers, or neighbours
- Expert reports on handwriting or capacity
Step 3 – Attempt settlement
Mediation and negotiation are often encouraged in will disputes. Resolving matters without going to court can save costs, time, and emotional strain.
Step 4 – Court proceedings
If settlement is not possible, proceedings may be issued in the High Court’s Chancery Division or the Family Division for Inheritance Act claims. The court will determine whether the will is valid or whether reasonable provision should be made.
Time limits for siblings contesting a will
- Challenging validity – no strict statutory limit, but it is best to act before probate is granted.
- Inheritance Act claims – must be made within six months of the grant of probate.
Delays can weaken your case and make it harder to recover estate assets.
Costs and funding
The general rule is that the losing party pays the winner’s costs, but in will disputes, the court can order costs to be paid from the estate if the dispute arose from the testator’s actions or from genuine uncertainty.
Blackstone Solicitors can discuss funding options, including conditional fee agreements (“no win, no fee”) where appropriate.
Common issues in sibling will disputes
Unequal treatment in the will
Parents sometimes choose to leave different amounts to different children, perhaps because one child received significant lifetime gifts or because of personal circumstances. While unequal treatment is not automatically unlawful, it can cause strong feelings and disputes.
“Deathbed” changes to the will
A will made shortly before death, especially where one sibling was closely involved, can raise suspicions about capacity and undue influence.
Property disputes
Disagreements often arise over who inherits the family home. If one sibling has been living in the property or contributed to its upkeep, they may have additional legal rights.
Avoiding sibling disputes over wills
If you are making a will and want to avoid disputes between your children:
- Seek advice from an experienced solicitor
- Keep clear records of your intentions and reasons for decisions
- Consider discussing your plans with your family
- If leaving unequal shares, explain your reasons in a separate letter of wishes
- Ensure all legal formalities are strictly followed
How Blackstone Solicitors can help
At Blackstone Solicitors, we have extensive experience in acting for siblings in will disputes. We provide:
- Early, clear advice on the merits of your case
- Immediate steps to protect your position, such as lodging a caveat
- Thorough evidence gathering to build the strongest possible argument
- Skilled negotiation to achieve settlement where possible
- Firm representation in court when required
We recognise that disputes between siblings can be deeply personal and emotionally charged. Our approach is both strategic and sensitive, aiming to protect your rights while helping to preserve family relationships where possible.
Conclusion
Siblings can contest a will, but success depends on having valid legal grounds, strong evidence, and acting within the relevant time limits. Whether you are challenging the validity of the will or claiming for financial provision under the Inheritance Act, expert legal guidance is essential.
If you believe you have been treated unfairly in a sibling’s or parent’s will, Blackstone Solicitors can provide the expertise, guidance, and representation you need to protect your interests.
How we can help
We have a proven track-record of helping clients deal with contesting a Will. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of contesting a will. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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