Contesting a will is never an easy decision. It often arises in emotionally charged circumstances, where grief, family tensions, and financial concerns intersect. Yet there are legitimate reasons why a will may be challenged and doing so can be essential to ensure fairness, protect vulnerable individuals, or uphold the true intentions of the deceased.
At Blackstone Solicitors, we specialise in contentious probate and inheritance disputes. We advise clients across England and Wales who believe a will is invalid, unfair, or the result of undue influence. This article outlines the key legal grounds for contesting a will, the evidence required, and how our expert team can help.
Please click here to find out more about our Wills and Inheritance Dispute Services.
Free Initial Telephone Discussion
For a free initial discussion on how we can help you deal with the legal implications of contesting a Will, get in touch with us today. We are also experienced in dealing with all aspects of Wills, Probate and inheritance disputes and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Can You Legally Contest a Will?
Yes. Under English law, a will can be contested if there are valid legal grounds to suggest it is not a true reflection of the deceased’s wishes or fails to comply with legal requirements. The most common reasons include:
- Lack of testamentary capacity
- Undue influence
- Lack of knowledge and approval
- Improper execution
- Fraud or forgery
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Each of these grounds requires specific evidence and legal analysis. Contesting a will is a serious matter and should be approached with professional guidance.
- Lack of Testamentary Capacity
A person making a will (the testator) must have the mental capacity to understand:
- The nature and effect of making a will
- The extent of their estate
- The claims of those who might expect to benefit
If the testator was suffering from dementia, mental illness, or cognitive impairment at the time the will was made, it may be invalid. Medical records, witness statements, and expert assessments are often used to support such claims.
Example
An elderly man with advanced Alzheimer’s changes his will to exclude his children and leave everything to a new acquaintance. His children may contest the will on the basis that he lacked capacity to understand the implications of this change.
- Undue Influence
If someone exerted pressure on the testator to make or alter their will, the court may find that the document does not reflect their true intentions. Undue influence can be subtle or overt, and often occurs in cases involving vulnerable individuals.
Evidence may include:
- Isolation of the testator
- Sudden changes in the will
- Beneficiaries involved in drafting the will
- Witnesses to coercive behaviour
Example
A carer persuades a frail patient to leave them the bulk of the estate, excluding long-standing family beneficiaries. If coercion can be proven, the will may be set aside.
- Lack of Knowledge and Approval
Even if a will appears valid, it may be challenged if the testator did not fully understand or approve its contents. This may occur if:
- The will was drafted by someone else
- The testator was blind, illiterate, or unable to read
- There were suspicious circumstances surrounding its execution
The court will examine whether the testator genuinely knew and approved what they were signing.
- Improper Execution
For a will to be valid under the Wills Act 1837, it must be:
- In writing
- Signed by the testator (or someone else in their presence and at their direction)
- Witnessed by two individuals present at the same time
Failure to meet these formalities can render the will invalid. Common errors include missing signatures, incorrect witnessing, or unsigned amendments.
- Fraud or Forgery
If the will was forged or the testator was misled into signing it, the court may declare it invalid. This is a serious allegation and requires strong evidence, such as handwriting analysis or testimony from witnesses.
Example
A relative presents a will that leaves them the entire estate, but handwriting experts confirm the signature was forged. The court may reject the will and revert to an earlier version or apply intestacy rules.
- Claims Under the Inheritance Act
Even if a will is valid, it may be contested under the Inheritance (Provision for Family and Dependants) Act 1975. This allows certain individuals to claim reasonable financial provision if the will fails to provide adequately.
Eligible claimants include:
- Spouses or civil partners
- Former spouses or civil partners (if not remarried)
- Cohabiting partners (2+ years)
- Children and stepchildren
- Dependants maintained by the deceased
Claims must usually be made within six months of the grant of probate. The court will consider the claimant’s financial needs, the size of the estate, and the deceased’s obligations.
What Evidence Is Needed?
Contesting a will requires clear and convincing evidence. This may include:
- Medical records and expert reports
- Witness statements from family, carers, or professionals
- Copies of earlier wills
- Letters, emails, or notes from the deceased
- Financial records showing dependency or promises
At Blackstone Solicitors, we help clients gather and present evidence effectively, ensuring their case is robust and well-prepared.
What Happens If a Will Is Successfully Contested?
If the court finds the will invalid, it may:
- Revert to an earlier valid will
- Apply the rules of intestacy (if no earlier will exists)
- Redistribute the estate according to the outcome of the claim
In cases under the Inheritance Act, the court may order financial provision to be paid from the estate, even if the will remains valid.
Time Limits and Practical Considerations
Timing is critical. Most claims must be brought within six months of the grant of probate, though validity challenges (e.g. undue influence, lack of capacity) may be brought later.
Other considerations include:
- Whether the estate has already been distributed
- The cost and emotional impact of litigation
- The likelihood of success based on available evidence
We advise clients to act promptly and seek legal advice before taking any steps.
How Blackstone Solicitors Can Help
Contesting a will is complex, emotionally charged, and legally demanding. At Blackstone Solicitors, we offer:
Expert Legal Advice
We assess the merits of your case, explain your options, and guide you through the process with clarity and compassion.
Strategic Representation
Whether through negotiation, mediation, or litigation, we represent your interests professionally and assertively.
Support for Executors and Beneficiaries
We also act for those defending a will, ensuring the estate is administered fairly and the deceased’s wishes are upheld.
Transparent Costs
We offer fixed-fee consultations and may provide flexible funding options, including conditional fee agreements (no win, no fee) in suitable cases.
Conclusion
There are many legitimate reasons to contest a will—from concerns about mental capacity to claims for financial provision. If you believe a loved one’s will is unfair, invalid, or the result of undue pressure, it is essential to seek expert legal advice.
At Blackstone Solicitors, we are committed to helping clients across England and Wales resolve inheritance disputes with professionalism, empathy, and expertise. Contact our team today for a confidential consultation and let us help you secure the justice and provision you deserve.
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.
Deciding when (or whether) to incorporate, what kind of ownership
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.
Comments are closed.
