Losing a loved one is never easy, and dealing with the legal and financial matters that follow can make an already emotional time even harder.
A will is meant to make things simpler, setting out how the deceased’s estate is to be distributed. But disagreements do happen from time to time. Sometimes these are about the meaning of certain clauses, and other times they involve serious questions about whether the will is valid at all.
In this guide, we’ll explain who is generally able to challenge a will, what you need to show, and how the process works.
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Can a will be challenged?
A will can be challenged — but only in certain circumstances.
Most people assume that a will is set in stone once it’s signed and witnessed, but UK law provides routes for certain individuals to challenge a will if they believe it’s unfair or invalid.
There are several grounds for contesting a will:
- Lack of capacity – the deceased was not of sound mind when making the will.
- Undue influence – the deceased was pressured or coerced into making the will.
- Fraud or forgery – the will is not genuine or has been tampered with.
- Improper execution – the will was not signed or witnessed correctly.
- Lack of knowledge or approval – the deceased did not fully understand or approve the contents of the will.
Alternatively, you may claim under the Inheritance Act 1975 if the will does not provide reasonable financial support for a spouse, civil partner, child, or dependant.
Who can challenge a will?
In the UK, the people most likely to have a right to challenge a will fall into one of four categories:
Beneficiaries named in the will
If you are included in the will, you clearly have a direct interest. You might also have a claim if you were a beneficiary under a previous will, particularly if the current will seeks to exclude you or reduce your inheritance.
Those who would inherit under intestacy
If someone dies without a valid will, their estate is distributed according to strict rules of intestacy. Spouses, civil partners, children, parents, and siblings are prioritised. If the current will leaves you little or nothing, you may be able to contest it because you would otherwise have been entitled to inherit.
Close family members
Close relatives, including children, spouses, civil partners, and sometimes siblings, often have grounds to challenge a will, particularly if they feel it does not provide reasonable financial support. Because of their close relationship with the deceased, they typically have a right to challenge the way the estate is divided.
Financial dependants
Financial dependants refer to those who relied on the deceased for support such as an unmarried partner or other adults. In the UK, these claims are usually made under the Inheritance Act 1975, which allows dependants to seek fair support if they were financially supported by the deceased before they died.
For advice on making sure your will reflects your wishes and protects your loved ones, read our guide: What to Consider When Making a Will.
Who cannot challenge a Will?
Not everyone connected to the deceased can contest a will. Some examples include:
- Creditors – they may claim debts from the estate, but they cannot challenge the will’s validity.
- Step-children or foster children – unless named in the will or specifically maintained by the deceased, they usually have no entitlement.
- Friends or distant relatives – unless they can show financial dependence or are covered by the Inheritance Act, they generally cannot contest the will.
How can I challenge a will?
The process of contesting a will can be complicated, often involving strict procedures, for which seeking legal advice is essential.
Before applying to court, you may be able to:
- Lodge a caveat – this temporarily prevents probate being granted, giving you time to prepare your case.
- Engage in pre-action negotiations – often disputes can be settled through letters of claim, discussion with other beneficiaries, or mediation, avoiding lengthy court battles.
When challenging a will, you also need to provide evidence such as:
- Copies of the current and previous wills
- Proof of your relationship to the deceased
- Evidence of financial dependency, if applicable
- Documents demonstrating how the will affects your inheritance
If no agreement can be made, court proceedings may be necessary. In this instance, the final decision will be made by a judge, who will review all evidence presented and ultimately determine if the will is valid.
How long does it take to challenge a will?
The timeframe for challenging often depends on aspects like the complexity of the estate, the type of claim being made, and how cooperative the other parties are.
If all parties are willing to negotiate, it may be resolved in a matter of months. More complex cases, especially those involving multiple beneficiaries, large estates, or allegations of undue influence or lack of capacity, could take at least 12 months or more.
One way you can reduce delays is to seek professional guidance from a solicitor experienced in contentious probate. The sooner evidence is gathered and negotiations begin, the smoother the process tends to be.
Is there a time limit for challenging a will?
The amount of time you have to challenge a will usually relates to the type of claim.
- Inheritance Act (1975): you usually have six months from the date probate is granted to make your claim. This is a strict deadline, though in rare cases the court may allow a late claim if there’s a good reason.
- Fraud or forgery: If you suspect a will has been forged or falsified, there isn’t a set statutory time limit. However, the sooner you act, the easier it is to gather evidence and protect your position.
- Contesting validity: There’s no formal statutory deadline, but it’s strongly recommended to start as soon as possible after probate is granted. Delays can make it harder to collect evidence or prove your case.
- Beneficiary disputes: The time limit depends on the nature of the claim and whether it falls under the Inheritance Act or a general challenge to the will’s validity. Acting early is often the safest approach.
Do I need a solicitor to contest a will?
Technically, you can contest a will on your own. However, we strongly recommend against attempting so without legal advice.
A solicitor experienced in contested probate will be able guide you through legal rules, deadlines, and disputes. This also includes helping to prepare evidence as well as communicating with executors and parties on your behalf to minimise conflict.
Overall, it’s a sensitive process, and getting it right matters for both your peace of mind and the outcome of your claim.
At BGW Solicitors, we combine experience with a practical, approachable style to help clients across the South and West of England. Whether you prefer to meet face-to-face at our offices in Castle Cary, Cheddar, or Shepton Mallet, or arrange a virtual meeting online, we’ll guide you through every step. Contact our offices today for an initial consultation.