At Blackstone Solicitors, we are often asked who is legally entitled to challenge a will. While many people assume that only close family members can do so, the law in England and Wales allows a broader range of individuals to bring a claim in certain circumstances.
Contesting a will is not something to be undertaken lightly. It can be a complex and emotionally charged process, particularly when family relationships are involved. However, if you have legitimate concerns about the validity of a will or believe you have not been properly provided for, you may have a legal right to challenge it.
This guide explains who can contest a will, the different legal grounds for doing so, and the steps involved in making a claim.
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Understanding the two main types of will challenge
Broadly speaking, there are two categories of legal action that can be taken in relation to a will:
- Challenging the validity of the will – arguing that the will should not be accepted by the court because it is invalid.
- Making a claim for financial provision – seeking reasonable financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Inheritance Act”).
Who can take action will depend on which type of claim is being made.
Who can challenge the validity of a will?
If you wish to argue that a will is invalid, you need to be someone who has a beneficial interest or a potential beneficial interest in the estate. In practical terms, this usually means:
- Beneficiaries under the will – someone named to receive a gift in the will but who would receive more if the will were declared invalid.
- Beneficiaries under a previous will – someone who was provided for in an earlier will but has been excluded or received less under the disputed will.
- Beneficiaries under the rules of intestacy – if the will is declared invalid, the estate is distributed according to intestacy rules. If you would inherit under those rules (e.g. as a spouse, civil partner, child, or other relative), you can challenge the will.
Legal grounds for challenging validity
To succeed, you must prove that the will fails to meet the legal requirements under the Wills Act 1837 or common law principles. Common grounds include:
- Lack of testamentary capacity – The person making the will (the testator) must have understood what they were doing, the extent of their assets, and who might reasonably expect to benefit.
- Lack of knowledge and approval – Even if the testator had capacity, they must have understood and approved the contents of the will. Suspicious circumstances may require further proof.
- Undue influence – If someone pressured or coerced the testator into making certain decisions in the will, it can be set aside.
- Fraud or forgery – If the will has been altered or signed fraudulently, it is invalid.
- Failure to comply with formalities – A valid will must be in writing, signed by the testator (or at their direction), and witnessed by two people present at the same time.
Who can claim under the Inheritance Act?
If a will is valid but does not make reasonable financial provision for you, you may be able to claim under the Inheritance Act 1975. This is not about challenging the validity of the will but asking the court to vary how the estate is distributed.
The Act specifies exactly who is entitled to bring such a claim:
- Spouse or civil partner of the deceased – entitled to provision as if the marriage or civil partnership had ended in divorce.
- Former spouse or former civil partner – provided they have not remarried or entered a new civil partnership.
- Child of the deceased – this includes both adult and minor children.
- Person treated as a child of the family – for example, a stepchild or foster child who was treated as part of the family.
- Person who was financially maintained by the deceased – if you relied on the deceased for money, housing, or other support, you may qualify.
What does “reasonable financial provision” mean?
For a spouse or civil partner, reasonable provision usually means what they would have received in a divorce settlement. For other claimants, it generally means what is necessary for their maintenance, taking into account their needs, resources, and circumstances.
Key differences between validity challenges and Inheritance Act claims
| Factor | Validity Challenge | Inheritance Act Claim |
| Purpose | To prove the will is legally invalid | To obtain reasonable financial provision from the estate |
| Who can claim | Those with a beneficial interest if the will is invalidated | Specific categories under the Inheritance Act |
| Time limits | No strict statutory limit, but best before probate | Six months from grant of probate |
| Outcome | Will is set aside and earlier will/intestacy applies | Will remains valid but estate is redistributed |
The process of contesting a will
- Seek legal advice promptly
Delays can seriously affect your case, particularly for Inheritance Act claims. Early advice allows your solicitor to protect your position — for example, by entering a caveat to prevent probate being granted while validity issues are investigated.
- Gather evidence
Depending on the claim, this might include:
- Previous versions of the will
- The will-making solicitor’s file
- Medical records
- Witness statements
- Financial records showing dependency
- Attempt negotiation
Courts expect parties to try to resolve disputes through mediation or negotiation where possible. This can reduce costs and help preserve family relationships.
- Court proceedings
If settlement is not possible, your solicitor will prepare and issue court proceedings. The matter will then proceed to a hearing where the judge will decide the outcome.
Time limits to be aware of
- Inheritance Act claims – must be made within six months of the grant of probate.
- Validity challenges – no fixed limit, but they are far easier to pursue before probate is granted.
- Claims involving fraud – may be brought later, but prompt action is still recommended.
Costs of contesting a will
Generally, the losing party pays the winner’s legal costs. However, in will disputes, the court sometimes orders costs to be paid from the estate — particularly if the dispute arose from the deceased’s conduct or from genuine uncertainty about the will.
Blackstone Solicitors can advise on funding options, including “no win, no fee” arrangements where suitable.
Practical considerations before contesting a will
- Strength of your claim – Do you have clear legal grounds?
- Evidence – Can you obtain the necessary documents and witness statements?
- Family relationships – Will the dispute cause lasting damage, and are you prepared for that?
- Costs and benefits – Is the potential financial gain worth the risk and expense?
How to avoid disputes over wills
If you are making a will, you can reduce the risk of it being contested by:
- Using an experienced solicitor rather than a DIY will kit
- Keeping clear records of your reasons for decisions
- Discussing your intentions with your family (if appropriate)
- Following all formalities strictly
- Updating your will after major life changes
How Blackstone Solicitors can help
At Blackstone Solicitors, we have extensive experience advising clients across England and Wales on all aspects of will disputes. We can:
- Assess whether you have the legal standing to bring a claim
- Explain the strengths and weaknesses of your case
- Secure the necessary evidence
- Negotiate settlements where possible
- Represent you robustly in court if required
We understand that contesting a will can be emotionally difficult, particularly when close family members are involved. Our approach combines clear, practical advice with sensitivity to your personal circumstances.
Conclusion
Whether you can contest a will depends on the type of claim you wish to bring and your relationship to the deceased. Beneficiaries, potential beneficiaries, and certain dependants have legal rights to challenge a will or seek provision from an estate.
If you believe you have been unfairly treated or that a will does not reflect the deceased’s true intentions, seeking expert legal advice at the earliest stage is essential. At Blackstone Solicitors, we can guide you through the process, protect your rights, and work towards the best possible outcome.
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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