The death of a loved one is an emotional and often overwhelming experience. Unfortunately, disputes over inheritance can sometimes arise during this already difficult period. When a will appears unfair, suspicious or invalid, family members and dependants may consider challenging it through the legal system.
In England and Wales, there are several legal routes available to contest a will. Each has its own requirements, time limits and potential outcomes. Understanding these options is crucial before taking action.
This guide explains the main legal grounds for contesting a will in 2026, who can bring a claim, and how the process works.
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What Does It Mean to Contest a Will?
Contesting a will means legally challenging the validity of a will or disputing how an estate has been distributed. In simple terms, it involves asking the court to investigate whether the document truly reflects the wishes of the person who died, known as the testator.
Some claims seek to prove that the will itself is invalid. Others accept the will as valid but argue that the distribution of the estate is unfair and should be adjusted.
These disputes are handled by the civil courts in England and Wales and can involve complex legal and factual issues. For that reason, specialist legal advice is essential.
Who Can Contest a Will?
Not everyone has the legal right to challenge a will. In most cases, the following individuals may have standing to bring a claim.
Beneficiaries Named in the Will
A person who is due to inherit under the will may challenge it if they believe something is legally wrong with the document. For example, they might suspect that the testator lacked mental capacity when the will was created.
People Excluded From the Will
A family member or dependant who expected to inherit but was left out of the will may be able to challenge it, particularly under inheritance legislation designed to protect certain relatives.
Dependants of the Deceased
Individuals who relied financially on the deceased may also have legal rights. This can include spouses, civil partners, children, cohabiting partners and sometimes other dependants.
The precise eligibility depends on the legal basis of the claim.
Common Grounds for Contesting a Will
There are several recognised legal grounds on which a will can be challenged. Each ground involves different legal tests and evidence.
Lack of Testamentary Capacity
For a will to be valid, the person making it must have had the mental capacity to understand what they were doing.
This means they must have understood the nature of making a will, the extent of their estate, and the people who might reasonably expect to benefit from it.
Capacity can become an issue where the deceased suffered from conditions such as dementia, severe illness or cognitive impairment at the time the will was signed.
Medical records, solicitor notes and witness evidence are often examined when assessing capacity.
Undue Influence
Undue influence occurs when someone pressures or manipulates the testator into making or changing a will in their favour.
These cases are often difficult to prove because the pressure usually happens behind closed doors. However, warning signs can include sudden changes to a will, isolation of the deceased from family members, or a vulnerable individual becoming heavily reliant on another person.
If undue influence is proven, the will may be declared invalid.
Lack of Proper Execution
A will must follow strict legal formalities under the Wills Act 1837. The document must be signed by the testator and witnessed by two independent witnesses who are present at the same time.
If these requirements were not properly followed, the will may be considered invalid.
Errors in signing or witnessing are surprisingly common, particularly with homemade wills.
Fraud or Forgery
In rare cases, a will may be challenged because it was forged or created fraudulently.
This could involve someone altering the document, forging the testator’s signature or misleading the testator about the contents of the will.
Handwriting experts, forensic evidence and witness testimony may be used in these cases.
Claims for Reasonable Financial Provision
Not all inheritance disputes involve invalidating a will. In some cases, a will may be legally valid but still fail to make adequate provision for certain individuals.
Under the Inheritance (Provision for Family and Dependants) Act 1975, eligible individuals can ask the court to award them a share of the estate if the will does not provide reasonable financial provision.
Who Can Make a Claim Under the 1975 Act?
The following people may be able to bring a claim.
Spouses or civil partners
Former spouses or civil partners who have not remarried
Children of the deceased
Individuals treated as a child of the family
People who lived with the deceased for at least two years before death
Anyone financially maintained by the deceased
The court will consider factors such as financial needs, the size of the estate and the relationship with the deceased.
Time Limits for Contesting a Will
Strict time limits apply to many inheritance disputes.
For claims under the Inheritance Act 1975, the claim must usually be issued within six months of the grant of probate.
Other challenges, such as those based on fraud or lack of capacity, do not always have the same rigid deadlines. However, it is always advisable to act quickly. Delays can make claims more difficult and may affect the availability of evidence.
Seeking legal advice early is therefore extremely important.
The Process of Contesting a Will
Contesting a will typically follows several stages.
Initial Legal Assessment
A solicitor will first assess the circumstances of the case. This may involve reviewing the will, examining probate documents and gathering information about the deceased’s health and relationships.
At this stage, the strength of the potential claim is carefully considered.
Gathering Evidence
Evidence is crucial in will disputes. Solicitors may obtain medical records, solicitor files, witness statements and financial documents.
Expert evidence can also play a role, particularly in cases involving capacity or alleged forgery.
Negotiation and Mediation
Many will disputes are resolved through negotiation rather than a full court trial.
Mediation is frequently used in inheritance cases and can help families reach an agreement while avoiding lengthy litigation. It also tends to be more cost effective and less stressful.
Court Proceedings
If a settlement cannot be reached, the claim may proceed to court. The court will then examine the evidence and decide whether the will should be upheld or altered.
Court proceedings can be complex and may take considerable time, particularly in disputed estates.
The Role of Executors During a Dispute
Executors are responsible for administering the estate according to the terms of the will. When a dispute arises, they must remain neutral and act in the best interests of the estate.
If a will is challenged, executors may pause the distribution of assets until the dispute is resolved. This prevents the estate from being distributed incorrectly.
Executors often rely on legal advice to ensure they fulfil their duties properly.
Costs and Risks of Contesting a Will
Inheritance disputes can involve significant legal costs. The court has discretion when deciding who should pay those costs.
In some situations, the costs may be paid from the estate itself. In others, the losing party may be ordered to pay the opponent’s legal fees.
Because of these financial risks, obtaining clear legal advice at an early stage is essential. A solicitor can help assess the likelihood of success and explore possible settlement options.
Preventing Future Will Disputes
Although not all disputes can be avoided, careful estate planning can reduce the risk of conflict.
Professionally drafted wills are generally far less likely to be challenged successfully. Solicitors will ensure that the document is correctly prepared, properly witnessed and supported by appropriate records.
Clear communication within families can also help manage expectations and prevent misunderstandings after death.
How Blackstone Solicitors Can Help
Contesting a will can be legally complex and emotionally challenging. Families often face a mixture of grief, uncertainty and financial concern.
At Blackstone Solicitors, we provide clear and practical legal advice to clients across England and Wales. Our experienced team assists with all aspects of inheritance disputes, including challenges to the validity of wills and claims for financial provision.
We understand that every case is different. Our approach is focused on achieving fair outcomes while handling sensitive family matters with professionalism and care.
Final Thoughts
Will disputes are rarely straightforward. They involve legal principles, factual evidence and deeply personal family relationships.
Whether the issue concerns capacity, undue influence or financial provision, early legal advice can make a significant difference. Understanding your rights and the available options is the first step toward resolving an inheritance dispute.
If you believe a will may be invalid or unfair, it is important to seek professional guidance as soon as possible. With the right support, families can navigate the legal process and work towards a resolution.
To read more about our services, please visit:
https://blackstonesolicitorsltd.co.uk/wills-and-inheritance-disputes/
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of Wills and Probate. 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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