How to contest a will

FILL OUT BEFORE UPLOAD, Setfords Published: 4 November 2026 | Last reviewed: 4 November 2026 | Read time: 12 minutes

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.

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 depend on the claim: six months from the grant of probate for Inheritance Act 1975 claims, and generally 12 years for validity challenges and proprietary estoppel.
• Contesting a will is a serious step, and trying mediation before court can save time, cost and stress.
• Before probate is granted, a caveat (a notice stopping a grant being issued without your knowledge) can pause the process while you take advice.

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 mental capacity, was placed under undue pressure, or did not sign it properly. Witnessing errors count too. 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, and former spouses or civil partners who have not remarried. It also includes children, including adult children, and anyone treated as a child of the family or maintained by the deceased immediately before their death.

What are the grounds for contesting a will?

A. Challenging the validity of 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” when they signed it. 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. Courts require clear evidence that the person’s free will was overborne, not simply that someone had a strong influence over them.

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 or the document was fabricated. It can also be challenged if the testator was deliberately misled about what they were signing. These cases typically require expert evidence, such as handwriting analysis.

5. Failure to comply with formalities

Under the Wills Act 1837, a will is only valid in England and Wales if it is in writing, signed by the testator and witnessed by two people. If any of these requirements were not met, the will can be challenged on the grounds of improper execution.

B. Claims under the Inheritance Act 1975

This is a separate route and does not involve 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.

The court weighs a range of factors. These include the financial needs and resources of the beneficiaries and any potential applicants, the size and nature of the estate, and the applicant’s relationship with the deceased.

C. Broken promises (proprietary estoppel)

The deceased may have made a clear, serious promise during their lifetime that you would inherit a specific asset, such as a house or land. If you relied on that promise to your own detriment, you may have a claim against the estate under the legal doctrine of proprietary estoppel.

Common examples include working for years at reduced or no pay on a family farm, or giving up your own home to move in and provide care. Another is turning down other opportunities because 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 separate from both a validity challenge and an Inheritance Act claim.

It is a standalone claim based on fairness rather than a statute (known as an equitable claim), and it rests 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.

1. Challenging the will. A claim to a share or interest in an estate must be brought within 12 years under the Limitation Act 1980, counting from the date the right of action accrues. This is generally the date of the deceased’s death.

However, 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.

2. Claims under the Inheritance Act 1975. These must normally be issued within six months from the date of the grant of probate (the court document that gives the executor legal authority to administer the estate).

3. Claims for proprietary estoppel. These must be brought within 12 years from the date at which the right of action accrues (generally the date of the deceased’s death).

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. 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 and financial records. It can also include witness accounts from people present when 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.

Suppose you are named as executor in an earlier will that you believe is valid. Lodging a caveat yourself can then conflict with your fiduciary duties as executor (your legal duty to act in the interests of the estate). 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

Many 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 (the steps courts expect parties to take before issuing a claim) 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 in the County Court for lower-value estates. Both courts handle 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

Many 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

Seek advice early. Time limits apply, and acting sooner makes evidence easier to gather.

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 usually 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. You pay your solicitor directly for their time or for agreed stages of work. Your solicitor will explain how their fees are charged before you decide to go ahead.
• 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
• The deceased promised you a house, land or another asset, and the will does not honour that promise
• 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 these apply, speaking to a solicitor early gives you more options.

FAQs

Can I contest a will after probate has been granted? Yes, but time limits apply. Inheritance Act claims must normally be issued within six months of the grant of probate, while validity and proprietary estoppel claims generally have 12 years. For validity challenges, 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. Many contested will disputes are resolved through negotiation or mediation, without 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 simply that someone had a close relationship with them or was 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 suits validity challenges but not standalone Inheritance Act claims, and 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.