How to contest a will

Author: Setfords, Published: 26th June 2026 | Last reviewed: 7th October 2026 | Read time: 9 minutes

Key takeaways

• You can contest a will on several grounds, including lack of mental capacity, undue influence, fraud or forgery, lack of knowledge and approval, or improper execution.
• Not everyone can contest a will. You generally need to be a beneficiary, a former beneficiary, or a close family member with a financial interest in the estate.
• Time limits apply. For most claims, you have six months from the date of the grant of probate to bring a claim under the Inheritance Act 1975.
• Contesting a will is a serious legal step. Attempting to resolve disputes through mediation before going to court can save time, cost, and stress.
• You do not need to wait until probate is granted to raise concerns. A caveat can pause the process while you take advice.

Contesting a will is possible in England and Wales, but you need valid legal grounds and, in most cases, you need to act within a strict time limit. Here’s what the process involves, who can make a claim, and what you should do first.

Contesting a will means challenging its legal validity, or making a claim that the will does not make fair financial provision for you. Either route requires proper legal grounds – a will cannot be contested simply because you feel the outcome is unfair.

The most common grounds are that the person who made the will (the testator) lacked the mental capacity to do so, was placed under undue pressure, or that the will was not properly signed and witnessed. You can also make a separate claim under the Inheritance Act 1975 if you were financially dependent on the deceased but were left inadequate provision.

If you believe a will is invalid or that you have been unfairly treated, the first step is to take specialist legal advice before doing anything else.

Who can contest a will?

Not everyone has what lawyers call “legal standing” to contest a will. Those who typically do include:

• Anyone named as a beneficiary in the current will
• Anyone who was a beneficiary in an earlier version of the will
• Anyone who would have inherited if there had been no will at all (under the intestacy rules)
• A spouse, civil partner, child, or other close family member who can show they were financially dependent on the deceased

If you are making a claim under the Inheritance Act 1975 rather than challenging the will’s validity, the list of who can claim is defined by statute. It includes spouses and civil partners, former spouses or civil partners who have not remarried, children (including adult children), and any person who was treated as a child of the family or was maintained by the deceased immediately before their death.

What are the grounds for contesting a will?

There are five main legal grounds on which a will can be challenged in England and Wales.

1. Lack of testamentary capacity

For a will to be valid, the person making it must have been of “sound mind, memory and understanding” (the historic legal test established in Banks v Goodfellow (1870) and still applied by courts today) at the time it was signed. This is sometimes called testamentary capacity. Specifically, they must have understood the nature of making a will, the extent of their estate, and who might reasonably expect to benefit from it.

Conditions such as dementia, serious mental illness, or the effects of medication can sometimes affect capacity. However, having a diagnosis alone does not automatically mean someone lacked capacity. It depends on the individual’s understanding at the specific moment the will was made.

2. Undue influence

Undue influence occurs where the testator was pressured, coerced, or manipulated into making a will that did not reflect their own genuine wishes. This is one of the harder grounds to prove, because courts require clear evidence that the person’s free will was actually overborne, not simply that someone had a strong influence over them.

The Law Commission recognised in May 2025 that the current test for undue influence is too difficult to satisfy and recommended that courts should be able to infer it where there are reasonable grounds for suspicion. That reform is not yet law, but it is worth noting when assessing the strength of your position with a solicitor.

3. Lack of knowledge and approval

Even if the testator had capacity, a will can be contested if they did not know and approve of its contents. This sometimes arises where a will was prepared by someone who stood to benefit from it, or where the testator was blind, illiterate, or in a vulnerable position.

4. Fraud or forgery

A will can be challenged if the testator’s signature was forged, if the document itself was fabricated, or if the testator was deliberately misled about the nature or contents of what they were signing. These cases typically require expert evidence, such as handwriting analysis.

5. Failure to comply with formalities

A will is only legally valid in England and Wales if it is in writing, signed by the testator in the presence of two witnesses, and then signed by both witnesses in the testator’s presence. If any of these requirements were not met, the will can be challenged on the grounds of improper execution.

Claims under the Inheritance Act 1975

This is a separate route from challenging a will’s validity. Rather than arguing the will is invalid, you are arguing that it fails to make “reasonable financial provision” for you. The court can then award a lump sum, property transfer, or periodical payments from the estate. These claims are decided on a range of factors, including the applicant’s financial needs, the size and nature of the estate, and the relationship between the applicant and the deceased.

Broken promises (proprietary estoppel)

A different situation arises where the deceased made a clear, serious promise during their lifetime that you would inherit a specific asset (a house or land, for example) and you relied on that promise to your own detriment. Common examples include working for years at reduced or no pay on a family farm, giving up your own home to move in and provide care, or turning down other opportunities on the strength of what you were told you would receive.

If the will then breaks that promise, the court can intervene under a legal doctrine called proprietary estoppel to enforce it, regardless of what the will says. This is not a challenge to the will’s validity, nor a claim under the Inheritance Act – it is a standalone equitable claim based on the promise itself. It requires clear evidence that a genuine assurance was made, that you relied on it, and that it would be unconscionable for the promise to go unfulfilled.

How long do you have to contest a will?

Time limits depend on the type of claim.

For claims under the Inheritance Act 1975, you have six months from the date of the grant of probate to issue proceedings. Courts can allow late claims in exceptional circumstances, but this is not guaranteed and should not be relied on.

For claims challenging the validity of the will itself (capacity, undue influence, formalities), there is no fixed statutory deadline in the same way – but delay can seriously damage your position. Evidence becomes harder to gather, witnesses’ memories fade, and if the estate has already been distributed, any remedy becomes more complex to achieve.

If you have concerns about the will’s validity, raising a caveat at the Probate Registry is one way to pause the probate process while you take advice. A caveat lasts six months and can be renewed. Note that a caveat is appropriate for validity challenges – it is not the right tool if your only concern is an Inheritance Act claim, and using it for that purpose alone can be treated as an abuse of process.

The process: step by step

Step 1 – Take early legal advice

Before you do anything, speak to a solicitor. They can assess whether you have valid grounds, identify what evidence you will need, and advise on the realistic prospects of your claim. This is the step that shapes everything that follows.

Step 2 – Gather evidence

Evidence in contested will cases typically includes: the will itself and any earlier versions, medical records, correspondence, financial records, witness accounts from people present at the time the will was made, and, where relevant, expert evidence on mental capacity. Your solicitor will help identify what is needed for your specific grounds.

Step 3 – Consider a caveat (if probate has not been granted)

If probate has not yet been granted and you are challenging the will’s validity, you can enter a caveat at the Probate Registry to pause the process. This gives you time to investigate and take advice without the estate being administered in the meantime. A caveat does not mean the dispute is won; it simply buys time. It is not appropriate to use a caveat as a delay tactic for a standalone Inheritance Act claim – your solicitor will advise which route fits your situation.

If you have been named as an executor in an earlier will that you believe to be the valid one, lodging a caveat can create a conflict of interest with your fiduciary duties as executor. In that situation, always have a solicitor submit the caveat on your behalf to ensure it is procedurally safe.

Step 4 – Attempt to resolve the dispute without court

Most contested will disputes settle before reaching court. Mediation, where an independent mediator helps the parties reach an agreement, is strongly encouraged by the courts and is usually less expensive and less stressful than litigation. Solicitors can also negotiate on your behalf.

Before issuing court proceedings, both parties are generally expected to follow pre-action protocols and explore alternative dispute resolution. Under civil procedure rules, courts actively penalise a party in costs if they unreasonably refuse to engage with mediation.

Step 5 – Issue proceedings if required

If the dispute cannot be resolved, your solicitor can issue a claim in the Chancery Division of the High Court (or the County Court for lower-value estates), which handles both validity challenges and Inheritance Act claims. Court proceedings set a formal timetable for exchanging evidence, and the case will usually proceed to a hearing if settlement is not reached.

Step 6 – Resolution

Most cases settle at some point before or during proceedings. A negotiated resolution, whether or not it involves court, typically includes an agreed distribution of the estate, sometimes accompanied by a statement of wishes or apology.

What slows a contested will claim down

Delayed legal advice. The longer you wait to get advice, the harder it can be to gather evidence, especially medical records and witness accounts.

Estate already distributed. If the executor has already paid out the estate before you raise a claim, recovering assets becomes significantly more complex.

Incomplete evidence. Contesting a will, particularly on grounds of undue influence, requires solid evidence. Suspicion alone is not enough.

Multiple parties. Estates with several beneficiaries, trustees, or competing interests naturally take longer to resolve.

Refusal to engage in mediation. Parties who refuse to negotiate in good faith often prolong proceedings and can face adverse costs orders as a result.

What helps

Act quickly. Time limits matter, and early action means better evidence.

Get specialist advice. Contentious probate is a specialist area. A solicitor with experience in contested estates will help you assess your prospects honestly, before you commit to anything.

Preserve all documents. Keep every version of the will, any correspondence with the deceased, and any documents that relate to their health or financial situation.

Be open to mediation. A negotiated outcome, reached without a contested court hearing, is almost always quicker, cheaper, and less damaging to family relationships than full litigation.

Be realistic. A good solicitor will tell you plainly what your claim is worth and what the risks are, including the risk of a costs order against you if you lose. Understanding the commercial reality of your position early makes every decision clearer.

How much does it cost to contest a will?

There is no single answer, because the costs depend entirely on the complexity of the claim, whether it settles or goes to a full hearing, and how far proceedings progress.

What matters is understanding the funding options available to you:

• Private fee arrangements. Most contentious probate work is billed on an hourly basis, or sometimes as a fixed stage-by-stage fee.
• Conditional fee agreements (“no win no fee”). These are available in some contested will cases. Under such an arrangement, you pay nothing if you lose, but a success fee is added if you win. Your solicitor will advise whether this is appropriate for your claim.
• Legal expenses insurance. You may already have cover for legal disputes through your home or motor insurance policy. It is worth checking before assuming you have to fund the claim yourself.

A specialist solicitor will give you a clear picture of the likely costs at the outset and an honest view of whether the value of the claim justifies pursuing it.

When to speak to a solicitor

Speak to a solicitor if any of the following apply:

• You believe the person who made the will lacked mental capacity when it was signed
• You suspect the testator was pressured or manipulated by someone who benefits from the will
• You think the will may not have been properly signed or witnessed
• You were financially dependent on the deceased and have been left with inadequate or no provision
• You were named in an earlier will but excluded from the most recent one without explanation
• You want to enter a caveat to pause the probate process while you investigate
• Probate has been granted and you are approaching the six-month deadline to bring an Inheritance Act claim

If any of the above apply, do not wait. The earlier you take advice, the more options you are likely to have.

FAQs

Can I contest a will after probate has been granted?

Yes, but time is critical. For Inheritance Act claims, you have six months from the grant of probate to issue proceedings. For challenges to validity, there is no fixed statutory deadline, but delay weakens your position and complicates any remedy if the estate has already been distributed.

What happens if a will is successfully contested?

If a will is found to be invalid, the court will apply the most recent valid earlier will instead. If no earlier valid will exists, the estate will be distributed under the intestacy rules, which set out who inherits when there is no valid will.

Do I have to go to court to contest a will?

Not necessarily. The majority of contested will disputes are resolved through negotiation or mediation, without ever reaching a court hearing. Your solicitor can negotiate on your behalf and, where appropriate, engage a mediator to help both sides reach an agreed outcome.

How hard is it to prove undue influence?

It can be difficult. Courts require clear evidence that the testator’s free will was overborne, not just that someone had a close relationship with them or that they were influential. The more specific the evidence (documented pressure, isolation from family, financial dependence), the stronger the case.

What is a caveat and should I enter one?

A caveat is a notice lodged at the Probate Registry that prevents a grant of probate being issued without your knowledge. It lasts six months and can be renewed. It is the right tool when you are challenging a will’s validity – it is not appropriate for standalone Inheritance Act claims. Your solicitor will tell you whether it fits your circumstances.

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This article is general information about contesting a will in England and Wales and is not legal advice. The law and timescales can change, and every situation is different, so please speak to a qualified contentious probate solicitor about your circumstances.