What are the grounds for contesting a Will?

You may be able to contest a Will if there are concerns about the person’s mental capacity, undue influence, lack of knowledge or approval, fraud, or if the Will was not validly executed. Claims can also be made under the Inheritance Act 1975 if you were financially dependent on the deceased but were left out or inadequately provided for.

Who can challenge a Will?

Usually, spouses, children, cohabitees, and other financial dependants are eligible to challenge a Will. Others with a legitimate interest in the estate (such as those who were promised something by the deceased) may also have grounds, depending on the circumstances.

How long do I have to contest a Will?

Time limits vary depending on the type of claim. For example, Inheritance Act claims must usually be made within 6 months of the Grant of Probate, while other claims (such as fraud) may allow more time. Early advice is crucial to avoid missing deadlines.

Can I stop probate while I investigate the Will?

Yes, you may be able to enter a caveat to prevent probate from being granted while the dispute is ongoing. This can help preserve the estate while legal concerns are resolved.

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Grounds for contesting a will

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Losing a loved one is an emotional and often overwhelming experience. Unfortunately, this is also when disputes over Wills and inheritance can arise - at a time when families are most vulnerable. Bringing a claim or contesting a Will during this time is very demanding on both your time and emotions.

If you are considering contesting a Will or responding to a claim, it is essential to seek clear, early legal advice. With the right guidance, it may be possible to avoid the cost and stress of court proceedings altogether.

Our specialist team has extensive experience in dealing with a wide range of Will and inheritance disputes. We are ranked in the 2023 Chambers High Net Worth Guide for our expertise in advising individuals, families and professional executors in complex, high-value disputes.

There are a wide range of reasons why disputes arise in a family and inheritance setting, each of these is unique to the family involved. We’re here to help you understand your rights and explore the most constructive way forward.

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Further information

Contentious probate >

Wills and probate >

Making a will >

FAQs >

Contentious probate

There are a wide range of reasons why disputes arise in a family and inheritance setting, each of these is unique to the family involved but broadly fall into the following categories:

inheritance disputes between siblings
disinherited by a family member
invalid wills
lack of provision for adult children
contesting a will on the grounds of mental capacity
fraud and forgery
the will not reflecting the wishes of the deceased
professional negligence from the solicitor who made the will
undue influence upon the deceased

If you think you have grounds to contest a will then it is important to act fast, preferably before a grant of probate is obtained. If you are contesting a will believing it to be invalid, you can lodge a caveat which will prevent any grant of probate from issuing.

Before issuing proceedings in the High Court and incurring substantial costs, you should consider various other options. Legal action can slow down the receipt of any inheritance and can be costly for all parties involved.

Although there is no specific protocol for contesting a will, good practice includes the following:

The early exchange of full information about the prospective legal claim.
This enables parties to avoid litigation by agreeing a settlement of the claim before the commencement of proceedings.
If litigation is inevitable, the above supports the efficient management of proceedings.

Wills and probate

A will is a legal document, which if drafted and executed correctly, distributes your property, money, assets etc, after your death. A will should state who is to inherit from your estate and the persons who are responsible for administrating the estate (known as Executors). The process of distributing the estate is known as probate.

Making a will

If you die without making a will, there are certain rules that have to be followed, these are the rules of intestacy and they dictate how your property and money will be distributed after your death. This may not be in accordance with your wishes and ultimately lead to an inheritance or will dispute following your death.

If you die without making a will, then everything you own could end up going to the State rather than your loved ones or the people, charities and organisations you intended to benefit.

In order to minimise the risk of a will being challenged after the you have died, a will should be drafted by a solicitor.

FAQs

What are the grounds for contesting a Will?

You may be able to contest a Will if there are concerns about the person’s mental capacity, undue influence, lack of knowledge or approval, fraud, or if the Will was not validly executed. Claims can also be made under the Inheritance Act 1975 if you were financially dependent on the deceased but were left out or inadequately provided for.
Who can challenge a Will?

Usually, spouses, children, cohabitees, and other financial dependants are eligible to challenge a Will. Others with a legitimate interest in the estate (such as those who were promised something by the deceased) may also have grounds, depending on the circumstances.
How long do I have to contest a Will?

Time limits vary depending on the type of claim. For example, Inheritance Act claims must usually be made within 6 months of the Grant of Probate, while other claims (such as fraud) may allow more time. Early advice is crucial to avoid missing deadlines.
Can I stop probate while I investigate the Will?

Yes, you may be able to enter a caveat to prevent probate from being granted while the dispute is ongoing. This can help preserve the estate while legal concerns are resolved.