In the UK, there are legal ways to challenge a will, but the process can be complicated. Understanding the steps clearly can help you decide whether contesting a will is the right choice for you. If you want to explore your rights further, you can also read more under Family Law UK.
Understanding What It Means to Contest a Will
Contesting a will means challenging its validity or fairness in court. It does not mean you are being disrespectful to the person who passed away; rather, you are asking the court to review whether the document truly represents their intentions and whether it was made under fair and legal circumstances.
People usually contest wills because:
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They believe the deceased was pressured or influenced when writing it.
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The person did not have the mental ability to understand what they were signing.
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The will was not signed or witnessed correctly.
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Someone feels they were unfairly left out or not provided for.
Before starting, it is important to understand that contesting a will can be emotionally challenging, time-consuming, and may affect family relationships.
Step 1: Confirm if You Have Legal Grounds
Not everyone can contest a will, and not every reason will be accepted by the court. The first step is to identify whether your concerns are legally valid. Some of the main grounds include:
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Lack of testamentary capacity – This means the person who made the will did not fully understand what they were doing, the value of their estate, or the consequences of their decisions.
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Undue influence – If someone pressured or manipulated the person into changing their will, this can be challenged.
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Fraud or forgery – If the will is fake, altered, or signed under false pretences, it may not be valid.
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Failure to follow legal formalities – In the UK, a will must be signed by the person and witnessed by two independent people. If these rules were not followed, the will could be invalid.
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Claims under the Inheritance (Provision for Family and Dependants) Act 1975 – If you were financially dependent on the deceased but the will does not provide for you, you may have grounds to claim.
Step 2: Check If You Have the Right to Contest
Not everyone has the legal right to challenge a will. Usually, the following people may contest:
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A spouse or civil partner.
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Children (including adopted children).
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Anyone named in a previous will.
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People who were financially dependent on the deceased.
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A beneficiary in the current will.
If you are not in one of these categories, it may be very difficult to contest the will successfully.
Step 3: Gather Evidence
Before going to court, you will need strong evidence to support your claim. Courts do not simply rely on emotional arguments; they need proof. For example:
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Medical records to show the deceased lacked mental capacity.
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Witness statements about pressure or influence from others.
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Proof of financial dependency.
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Expert handwriting analysis if forgery is suspected.
The more evidence you have, the stronger your case will be.
Step 4: Seek Legal Advice Early
Contesting a will is a highly specialised area of law. The sooner you get legal advice, the better. A solicitor who deals with inheritance disputes can tell you:
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Whether you have a strong case.
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What type of evidence you need.
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How much it may cost.
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How long the process is likely to take.
Some solicitors may also help you explore settlement options, which could save time and reduce family conflict.
Step 5: Consider Mediation Before Court
Going to court can be expensive and stressful. In many cases, mediation is encouraged first. Mediation involves sitting down with the other parties, often with a trained mediator, to try to reach an agreement without going to court.
The benefits of mediation include:
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Lower costs compared to litigation.
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Less strain on family relationships.
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Quicker resolution.
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More control over the outcome.
If mediation fails, you can still take the matter to court, but sometimes disputes are resolved peacefully at this stage.
Step 6: File a Caveat
If you are serious about contesting a will, you may need to stop the grant of probate (which gives permission for the executor to distribute the estate). To do this, you can file a caveat at the Probate Registry.
A caveat lasts for six months and prevents probate from being granted. This gives you time to investigate, collect evidence, and decide your next steps. If you do not renew or take legal action within that period, the caveat will expire.
Step 7: Make a Formal Claim
If mediation does not work and you want to proceed, your solicitor will help you file a claim in court. The process depends on the reason for your challenge:
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If contesting validity – You will ask the court to rule that the will is invalid. If successful, the estate may be distributed according to a previous will or the rules of intestacy (when someone dies without a valid will).
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If claiming under the 1975 Act – You will ask the court to award you reasonable financial provision from the estate.
Court proceedings can be complex, and the outcome depends heavily on the evidence you provide.
Step 8: Prepare for the Possible Outcomes
When contesting a will, the result is never guaranteed. Some possible outcomes include:
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The will is declared invalid, and the estate is distributed according to an earlier will or intestacy rules.
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The will is upheld, but you may still receive provision under the Inheritance Act.
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The court dismisses your claim if the evidence is not strong enough.
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A settlement is reached partway through the case.
It is important to prepare emotionally and financially for any of these possibilities.
Step 9: Understand the Costs Involved
Contesting a will can be expensive. Legal fees, court costs, and expert reports add up quickly. Sometimes, if you win your case, the court may order costs to be paid from the estate or by the other side. But if you lose, you may have to pay not only your own costs but also some of the other party’s.
This is why getting early legal advice and weighing the risks carefully is essential before moving forward.
Step 10: Protect Family Relationships Where Possible
Disputes over inheritance can create long-lasting bitterness in families. While you may feel strongly about your case, it is worth considering whether there are ways to protect important relationships. Clear communication, mediation, and respectful discussions can reduce tension during what is already a painful time.
Tips to Increase Your Chances of Success
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Act quickly – Delays can make it harder to contest a will, especially once the estate has been distributed.
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Keep emotions separate – Courts look at evidence, not feelings. Stay focused on the facts.
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Stay realistic – Not every case is winnable. Understand the risks before committing.
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Consider settlement offers – Sometimes accepting a fair settlement is better than dragging out a costly case.
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Choose the right solicitor – A lawyer with experience in contested wills can make a big difference.
Final Thoughts
Contesting a will is never easy, but in some cases, it is the only way to ensure fairness and respect for the true wishes of the person who passed away. The process involves several careful steps: checking your legal grounds, gathering strong evidence, seeking professional advice, and sometimes going to court.
By approaching the process calmly, with the right guidance, and with realistic expectations, you can increase your chances of a successful outcome. Remember, while the legal process is important, protecting relationships and preserving dignity during a difficult time is equally valuable.
