Contesting a will is a serious legal undertaking, often driven by concerns over fairness, validity, or financial provision. While many people believe they have a strong case, the reality is that success depends on a combination of legal grounds, evidence, timing, and strategic representation.
At Blackstone Solicitors, we specialise in inheritance disputes and contentious probate across England and Wales. This article explores the likelihood of successfully contesting a will, the factors that influence outcomes, and how our expert team can help you assess and strengthen your claim.
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.
Understanding What It Means to “Win” a Will Dispute
Success in a will dispute can take several forms, depending on the nature of the challenge:
- Having the will declared invalid
- Securing financial provision under the Inheritance Act
- Reinstating a previous will
- Reaching a favourable settlement
- Preventing probate from being granted
- Removing or replacing executors
Winning does not always mean going to court. Many disputes are resolved through negotiation or mediation, saving time, costs, and emotional strain.
Common Grounds for Contesting a Will
The chances of success depend heavily on the legal basis of the claim. The most common grounds include:
- Lack of Testamentary Capacity
If the testator (the person making the will) lacked mental capacity at the time of execution—due to dementia, illness, or cognitive impairment—the will may be invalid. Success depends on:
- Medical evidence (e.g. GP records, psychiatric assessments)
- Witness statements from those who interacted with the testator
- Timing of the will relative to known health issues
Courts apply the legal test from Banks v Goodfellow, which requires the testator to understand the nature of making a will, the extent of their estate, and the claims of potential beneficiaries.
- Undue Influence
If someone pressured or manipulated the testator into making or changing the will, it may not reflect their true intentions. Proving undue influence is notoriously difficult, as it often occurs behind closed doors.
Successful claims typically involve:
- Evidence of isolation or vulnerability
- Sudden or unexplained changes in the will
- Dependence on a caregiver or relative
- Lack of independent legal advice
The burden of proof lies with the person alleging undue influence, and courts require clear and convincing evidence.
- 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 arise if:
- The will was drafted by someone else
- The testator was blind, illiterate, or unable to read
- There were suspicious circumstances surrounding its execution
Success depends on demonstrating that the testator did not genuinely know what they were signing.
- Improper Execution
Under the Wills Act 1837, a valid will must be:
- In writing
- Signed by the testator
- Witnessed by two individuals present at the same time
Failure to meet these formalities can render the will invalid. This is one of the more straightforward grounds, and success rates are higher when procedural errors are clearly documented.
- Fraud or Forgery
If the will was forged or the testator was misled into signing it, the document may be challenged. These are serious allegations and require substantial proof, such as handwriting analysis or witness testimony.
Claims Under the Inheritance (Provision for Family and Dependants) Act 1975
Even if the will is valid, certain individuals may claim financial provision from the estate. This route does not challenge the will’s validity but seeks a fair share based on need and relationship.
Eligible claimants include:
- Spouses and civil partners
- Former spouses or civil partners (if not remarried)
- Children and adult children
- Co-habiting partners (living together for at least two years)
- Dependants financially maintained by the deceased
Success depends on:
- Demonstrating financial need
- Showing dependency or close relationship
- Comparing the claimant’s needs with those of other beneficiaries
- The size and nature of the estate
Courts aim to provide “reasonable financial provision,” which varies depending on the claimant’s circumstances.
Factors That Influence Success
Several key factors affect the chances of winning a will dispute:
- Strength of Evidence
The quality and quantity of evidence are critical. This may include:
- Medical records
- Witness statements
- Legal correspondence
- Financial documents
- Expert reports
Well-documented claims are more likely to succeed, especially when supported by independent professionals.
- Timing of the Challenge
Acting promptly is essential. Delays can result in:
- Loss of evidence
- Probate being granted
- Assets being distributed
- Time limits expiring
Inheritance Act claims must be made within six months of the grant of probate. Validity challenges should be brought as soon as possible.
- Legal Representation
Experienced solicitors can assess the merits of your case, gather evidence, and present arguments effectively. At Blackstone Solicitors, we offer strategic advice tailored to your circumstances, increasing your chances of success.
- Will Drafting Circumstances
Wills prepared without legal advice, or under suspicious conditions, are more vulnerable to challenge. Conversely, professionally drafted wills with clear instructions and proper execution are harder to contest.
- Behaviour of Executors
Disputes may arise from the conduct of executors, such as:
- Failing to disclose information
- Delaying administration
- Acting in conflict with beneficiaries’ interests
In such cases, success may involve removing or replacing the executor rather than invalidating the will.
Realistic Expectations and Settlement
While some cases go to court, many are resolved through negotiation or mediation. Settlements can offer:
- Certainty and closure
- Reduced legal costs
- Preservation of family relationships
- Flexible outcomes tailored to individual needs
At Blackstone Solicitors, we aim to resolve disputes efficiently and favourably, whether through litigation or alternative dispute resolution.
Risks and Costs
Contesting a will involves risks, including:
- Legal costs (which may be awarded against the losing party)
- Emotional strain
- Damage to family relationships
- Uncertain outcomes
We provide transparent advice on costs, funding options, and risk management to help clients make informed decisions.
How Blackstone Solicitors Can Help
Our inheritance dispute team offers:
- Expert assessment of your case’s strengths and weaknesses
- Strategic advice on legal grounds and evidence
- Representation in negotiations, mediation, and court
- Support for claimants, executors, and beneficiaries
- Clear guidance on costs, timelines, and outcomes
We understand the sensitivity of will disputes and provide professional, empathetic support throughout the process.
Conclusion
The chances of contesting a will and winning depend on the legal grounds, quality of evidence, timing, and expert representation. While success is never guaranteed, many claims are resolved favourably with the right strategy and support.
At Blackstone Solicitors, we help clients across England and Wales navigate inheritance disputes with confidence and clarity. Whether you are considering a claim or defending one, contact our team today for tailored advice and trusted representation.
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. (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.
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