Speak to a Contesting a Will Solicitor
If you are considering contesting a will, defending a will, or bringing an Inheritance Act claim — or if you are an executor or beneficiary facing a challenge — contact our contentious probate team for an initial no-charge discussion about the merits, the options and the next steps.
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+44 (0)117 929 2662 | +44 (0)207 183 8840 | lawyers@humphreys.co.uk
Contesting a Will: Our Services
Testamentary capacity, undue influence, lack of knowledge and approval, invalid execution, fraud and forgery.
Claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
Enforcing promises about property made by the deceased that were not reflected in their will.
Establishing beneficial interests in property where legal title does not reflect agreed arrangements.
Preventing premature grant of probate and protecting your position while a dispute is investigated.
Removal, replacement and directions applications; claims for breach of executor duty and devastavit.
Disputes over the distribution of estates where no valid will has been found.
Court applications to correct clerical errors or failed expressions of the testator’s intentions.
Resolution without litigation wherever possible — preserving family relationships and reducing costs.
Claims against solicitors or will-writers responsible for defective will preparation or estate administration.
What is Contesting a Will?
It is a fundamental principle of English law that a testator has testamentary freedom — the right to leave their estate as they choose. A will cannot be set aside merely because its terms seem unfair or unexpected. There must be a recognised legal ground for challenging it. Understanding which grounds apply — and whether the evidence supports them — is the first and most important step in any will dispute.
Who Can Contest a Will in England and Wales?
Not everyone has the legal standing to contest a will. The right to bring a challenge depends on the type of claim. For challenges to the validity of a will, standing is broad — any person with a financial interest in the outcome, such as a beneficiary under the current will, a beneficiary under an earlier will, or a person who would inherit under the intestacy rules if the current will were set aside, generally has standing. For claims under the Inheritance Act 1975, standing is limited to the categories of person specified in the Act. Claimants need to check their entitlement at the outset.
Who Can Make a Claim under the Inheritance (Provision for Family and Dependants) Act 1975?
Those entitled to make an Inheritance Act claim include: the deceased’s spouse or civil partner; a former spouse or civil partner who has not remarried or formed a subsequent civil partnership; a cohabitee who lived in the same household as the deceased as if they were a married couple or civil partners for at least two years immediately before the death; a child of the deceased (including adult children); a person treated as a child of the family; and any other person who was being wholly or partly maintained by the deceased immediately before their death.
Inheritance Act claims can be made where the deceased was domiciled in England and Wales. A person’s domicile is not necessarily the place where they lived. If the deceased had any significant connection with a foreign jurisdiction, you will need to check their domicile with your solicitor before proceeding.
The Main Grounds for Contesting a Will
English law recognises a number of grounds upon which a will may be challenged. In many cases, several grounds are pursued together, as the same underlying facts may support more than one basis of challenge.
Lack of Testamentary Capacity
One of the most frequently raised grounds for contesting a will. The legal test is set out in the landmark case of Banks v Goodfellow [1870]. To have testamentary capacity, a testator must understand or be capable of understanding: (1) the nature of making a will and its effect; (2) the extent of the property they are disposing of; (3) the claims of those who might reasonably expect to benefit; and not be suffering from any disorder of the mind that poisons their affections, perverts their sense of right, or prevents the exercise of their natural faculties.
Lack of capacity is most often in issue where the testator was elderly and suffering from dementia, Alzheimer’s disease or other cognitive decline, or where there is a history of mental illness, substance dependency or brain injury. Medical records, GP notes, hospital and care home records, accounts of those who had contact with the deceased, and the solicitor’s preparation file are all important sources of evidence. A retrospective psychiatric assessment by an independent expert is often obtained.
Undue Influence
A will may be set aside if the testator was subjected to undue influence in making or changing it. The courts distinguish between legitimate persuasion — appeals to affection, kindness or obligation — and illegitimate pressure that overpowers the testator’s free will. As the courts have long held, a testator may be led but not driven; the will must be the offspring of the testator’s own volition and not the record of someone else’s.
Undue influence cases are inherently difficult because the alleged pressure typically takes place in private, without witnesses. Relevant evidence includes the testator’s vulnerability, isolation from family, sudden and unexplained changes to earlier wills, and the involvement of a beneficiary in the will-making process. These cases can succeed at trial and are frequently settled before trial once the evidence has been marshalled.
Lack of Knowledge and Approval
A testator must know and approve of the contents of their will at the time they execute it. Even if the testator technically had capacity, the will may be challenged if they did not understand or did not genuinely assent to its terms. This ground may arise, for example, where the testator did not speak English fluently, was illiterate, blind or seriously unwell, or where the will was not read over to them before signature.
Where the circumstances surrounding the making of the will are suspicious — for example, where a principal beneficiary gave instructions to the solicitor — the burden shifts to those seeking to uphold the will to prove affirmatively, on the balance of probabilities, that the testator knew and approved its terms (Fuller v Strum [2002]). A Larke v Nugus request to the will-drafting solicitor is an important early step in investigating this ground.
Invalid Execution
A will must be executed in strict compliance with the Wills Act 1837. It must be in writing; signed by the testator (or at their direction); the signature must be made or acknowledged in the presence of two or more witnesses present at the same time; and each witness must attest and sign in the testator’s presence.
Common defects include: a will signed but not properly witnessed; witnesses not present at the same time; a beneficiary’s spouse acting as witness (which does not invalidate the will but causes that specific gift to fail); the signature not in the correct position; or alterations made after execution without proper re-execution. Where execution is defective, an earlier valid will — or the intestacy rules — will take effect instead.
Fraud, Forgery and Fraudulent Calumny
A will procured by fraud — for example, by deceiving the testator into signing a document misrepresented to be something other than a will — is void. A forged will, where the testator’s signature has been fabricated or altered, is equally void. Handwriting and forensic document experts may be instructed where forgery is alleged, and the matter may also be referred to the police.
Fraudulent calumny is a distinct but related ground: it arises where a third party deliberately poisons the testator’s mind against a natural beneficiary by making false representations about that beneficiary’s conduct or character, causing the testator to exclude them from the will. Where a will is set aside on any of these grounds, the last previous valid will — or, failing that, the intestacy rules — takes effect.
Rectification and Construction Claims
Where a will does not accurately express the testator’s intentions as a result of a clerical error or a failure to understand instructions, the court has power under the Administration of Justice Act 1982 to rectify it. Construction claims arise where the words of the will are ambiguous or unclear and the court is asked to determine their meaning. These claims can be brought as an alternative or addition to an outright validity challenge.
The Inheritance (Provision for Family and Dependants) Act 1975
Even where a will is valid, those who have not been adequately provided for may be entitled to bring a claim under the Inheritance Act 1975. An Inheritance Act claim does not challenge the validity of the will — it is a claim for reasonable financial provision from the estate. The Act also applies on intestacy, where the rules of intestacy may leave a dependant or family member without adequate provision.
Spouses and civil partners; former spouses and civil partners who have not remarried; qualifying cohabitees (2+ years); children including adult children; persons treated as children of the family; and persons maintained by the deceased immediately before death.
Financial resources and needs of all parties, obligations the deceased owed, the size and nature of the estate, any physical or mental disability of an applicant or beneficiary, conduct, and all other relevant circumstances.
Periodical payments, lump sums, transfers of specific property, acquisition of property from the estate, and variation of trusts. The court has wide discretion to make whatever order it considers appropriate.
Proprietary Estoppel and Constructive Trusts
Arises where the deceased made a clear promise about property, the claimant relied on it to their detriment, and it would be unconscionable for the estate to resile from that promise. A classic example is an adult child working a family farm for years on the strength of an assurance that the farm will be theirs — only for the will to disappoint that expectation entirely.
A constructive trust may arise where legal title does not reflect agreed beneficial ownership — for example, where a couple purchased a property together but it was registered in one name alone. If established, the relevant beneficial share does not form part of the deceased’s estate and cannot be disposed of by the will.
How to Contest a Will in England and Wales: Step by Step
The process depends on the nature of the claim, the urgency of the situation, and whether probate has already been granted. In all cases, the first step is to seek specialist legal advice immediately.
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Seek specialist legal advice immediately. Time is critical. If probate has not yet been granted, protective steps — including a caveat — can prevent the estate from being distributed before the dispute is resolved. If an Inheritance Act claim is contemplated, the 6-month deadline from the Grant of Probate begins running the moment the grant is issued.
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Enter a caveat, if appropriate. A caveat prevents a Grant of Probate from being issued and gives time for investigations to be carried out. It costs £3 to enter, lasts six months and can be renewed before it expires. We handle the entire caveat procedure on your behalf.
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Gather evidence and investigate the claim. Copies of the will and any earlier wills; medical records and GP notes; the preparing solicitor’s file via a Larke v Nugus request; care home records; financial records; and witness accounts from those who knew the deceased in the period leading up to the will being made.
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Instruct expert witnesses where necessary. Capacity cases typically require a retrospective psychiatric report from an independent expert who reviews the medical records and provides an opinion as to whether the testator met the Banks v Goodfellow criteria. Forgery cases require a handwriting or forensic document examination.
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Send pre-action correspondence. The grounds for challenge and the supporting evidence are set out formally to the executors and those defending the will. A clear pre-action letter frequently prompts settlement discussions and resolves disputes without the need for proceedings.
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Explore mediation and alternative dispute resolution. Many will disputes are resolved through mediation without the cost, time and uncertainty of a trial. The courts strongly encourage mediation in contentious probate proceedings. Success rates in inheritance mediation are high and the process is entirely confidential.
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Issue court proceedings if necessary. Where pre-action steps and ADR have not resolved the dispute, a claim is issued in the Chancery Division of the High Court. The parties exchange statements of case, disclosure and witness evidence, with expert evidence where appropriate.
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Settlement or trial. Most will disputes settle before a final hearing — often after proceedings are issued and the full evidence is available to both sides. We advise on settlement terms and strategy throughout, always keeping the commercial and personal interests of our client firmly in view.
Time Limits for Contesting a Will
For Inheritance Act 1975 claims, the deadline is strictly 6 months from the Grant of Probate. For validity challenges there is no fixed deadline, but unreasonable delay can bar a claim entirely. In Bowerman v Bowerman [2025] EWHC 2947 (Ch) the High Court barred a claim following an 18-year delay. Seek advice as soon as you become aware of a potential dispute.
| Type of Claim | Time Position | Key Points |
|---|---|---|
| Validity challenge (capacity, undue influence, execution, fraud) | No fixed statutory time limit | Governed by the doctrine of laches. Unreasonable delay where evidence is lost or the estate has been distributed can bar a claim regardless of its merits. Act promptly. |
| Inheritance Act 1975 claim | 6 months from the Grant of Probate | Strict deadline. Court permission is required to issue after this date. Extensions are not easily obtained. Urgent advice is essential. |
| Rectification (clerical error) | 6 months from the Grant of Probate | The court may allow a later claim at its discretion in appropriate cases. Seek advice promptly. |
| Proprietary estoppel / constructive trust | Generally 12 years from the date of death | Early action is still strongly advisable to preserve evidence and witness availability. |
| Executor negligence / breach of duty | Depends on the nature of the claim | Seek advice promptly if you are concerned about how the estate is being administered. |
Costs of Contesting a Will
The cost of contesting a will varies significantly depending on the nature of the dispute, the complexity of the estate, the number of parties involved, and whether the matter resolves early or proceeds to trial. We provide a realistic and transparent costs assessment at the outset of every matter and update it as the case develops.
Where a challenge is resolved by agreement before proceedings are issued, costs can be relatively modest — sometimes only a few thousand pounds per party.
Typically far less expensive than contested litigation. The parties share the mediator’s fee. Many inheritance disputes are resolved at a single mediation day.
Substantially more expensive, and the outcome is never certain. We advise on the realistic risk-reward analysis at every stage before any significant costs commitment is made.
Private funding; conditional fee agreements (no win, no fee) in appropriate cases; damages-based agreements; and legal expenses insurance, which may already be held under an existing household insurance policy.
On costs recovery: courts may order costs from the estate rather than against the losing party where the dispute arose from the testator’s conduct or where there were reasonable grounds for the challenge — but the courts have become stricter about applying this principle in recent years. We advise clearly on costs risk before recommending any course of action.
Mediation and Alternative Dispute Resolution
The courts strongly encourage parties to attempt mediation before issuing proceedings — and increasingly during proceedings. A court may impose costs penalties on a party who unreasonably refuses to engage in mediation. Mediation is particularly valuable in family inheritance disputes where the parties will continue to have a relationship after the estate is resolved. Confidential, flexible and substantially quicker than litigation, mediation in inheritance disputes achieves high settlement rates. We advise on mediation strategy and represent clients throughout the process.
Defending a Will Challenge
If you are an executor, beneficiary or family member facing a challenge to a will, take early specialist advice. Receiving a challenge does not mean the will is invalid. Many claims are poorly evidenced or misconceived, and a clear-headed early response can resolve matters efficiently and at far less cost than contested proceedings.
Humphreys & Co. act for both challengers and defenders of wills. Our experience on both sides of disputes gives us an accurate and realistic view of litigation risk and the strengths and weaknesses of any given case. If you are an executor, you have a duty to defend the will where there are reasonable prospects of success — but equally an obligation to resolve matters efficiently where the evidence does not support a defence.
A formal request to the solicitor who prepared the will typically obtains contemporaneous evidence of the testator’s state of mind, the execution circumstances and the solicitor’s attendance notes — often the single most important piece of early evidence in any capacity or undue influence case.
Where a defective will or negligent delay has caused loss — failure to supervise execution, failure to advise on the effect of marriage on an existing will, or negligent drafting — a claim may arise against the solicitor or will-writer responsible.
Our Contesting a Will Service
- Will validity challenges — capacity, undue influence, fraud, forgery, invalid execution, knowledge and approval
- Inheritance Act 1975 claims — all qualifying categories of applicant
- Defending will challenges on behalf of executors, beneficiaries and estates
- Proprietary estoppel and constructive trust claims
- Rectification and construction applications
- Caveats, warnings and appearances in the Probate Registry
- Larke v Nugus requests and evidence gathering
- Mediation and alternative dispute resolution
- Executor removal, directions and breach of duty claims
- Professional negligence claims against defective will preparers
What Our Team is Known For
Our contentious probate team has experience of complex, multi-party and sensitive will disputes across a wide range of factual circumstances — high-value and complex estates, family businesses, agricultural property, foreign assets and intricate trust structures. We advise UK-based clients and international clients with interests in English estates.
The team is known as a specialist boutique contentious probate practice well equipped to handle complex and highly sensitive situations, including Inheritance Act claims, challenges to the validity of wills, abuse of position by executors and claims by estranged family members. Philip Siddons, who leads this work, is a full member of ACTAPS — reflecting a commitment to resolving inheritance disputes constructively and without unnecessary litigation that runs through everything we do.
Recent Will Dispute Cases — Examples of Our Experience
- Acting for claimants, executors and beneficiaries in claims under the Inheritance (Provision for Family and Dependants) Act 1975 across a range of estate values and family circumstances
- Securing a settlement for the nephew of a deceased aunt who had promised him her house but instead left it to her partner — proprietary estoppel claim resolved by agreement without trial
- On behalf of the main beneficiary, successfully defending claims made against a will where a relative had refused to testify as to its validity — claim discontinued without trial
- Securing by consent a declaration restoring an earlier will that had been wrongly destroyed — contested probate proceedings concluded by agreed order
- Securing revocation of a grant of probate on the basis that a later will had not been properly executed and that an earlier will was valid — agreed declaration admitted to probate
- Securing a financial settlement for a disappointed beneficiary through formal mediation where concerns arose as to testamentary capacity and where a valid Inheritance Act claim existed alongside the validity challenge
- Obtaining a declaration after contested court proceedings that a deceased’s estate should be administered under the trusts of a mutual will, displacing a later will that sought to leave the estate to the deceased’s own family
- Acting for adult children in Inheritance Act claims against estates where no or inadequate provision had been made, including in circumstances of long-term estrangement from the deceased
From our experience, a good proportion of will challenges succeed — either at trial or, more commonly, by agreement before trial. Many are resolved without the need to issue proceedings at all. A realistic assessment of the merits and a clear strategy from the outset significantly improve the prospects of a favourable outcome.
Contesting a Will: Frequently Asked Questions
Can I contest a will in England and Wales?
Yes, provided you have the legal standing to do so and there are recognised grounds for your claim. Standing depends on whether you are a beneficiary under the current or an earlier will, a person who would benefit on intestacy if the current will were set aside, a person entitled to claim under the Inheritance Act 1975, or someone with another legitimate interest in the estate. Grounds for a validity challenge include lack of testamentary capacity, undue influence, lack of knowledge and approval, invalid execution, fraud and forgery. Our solicitors can advise quickly on whether you have standing and grounds to proceed.
How long do I have to contest a will?
The time position depends on the nature of your claim. For Inheritance Act 1975 claims, the strict deadline is six months from the date of the Grant of Probate. This deadline is hard to extend and must be treated with urgency. For validity challenges there is no fixed statutory time limit — but delay can bar a claim entirely. Courts apply the equitable doctrine of laches: unreasonable delay where evidence has been lost or the estate has been distributed can prevent a claim regardless of its merits, as demonstrated in Bowerman v Bowerman [2025] EWHC 2947 (Ch), where an 18-year delay barred the claimant entirely. Act as quickly as possible.
What happens if I contest a will and lose?
You will generally be ordered to pay a contribution towards the winning party’s legal costs, in addition to your own. In contentious probate cases, courts have historically sometimes ordered costs from the estate rather than against the losing party — but they have become stricter about this in recent years. The costs risk is a key reason why a proper assessment of the merits at the outset is so important. We will always advise you clearly on the costs risk before recommending that you pursue proceedings.
Can a will be contested after probate has been granted?
Yes, but it is significantly more difficult and the risks increase. If estate assets have already been distributed, recovery becomes much more complex — and if assets have been spent or dissipated, recovery may be impossible. Acting before probate is granted, or as soon as possible afterwards, is always strongly preferable. Contact us immediately if you have concerns and probate is imminent or has recently been granted.
What is a caveat and how does it help?
A caveat is a notice entered at the Probate Registry that prevents a Grant of Probate from being issued. It costs £3 and initially lasts for six months, renewable before expiry. By entering a caveat, you prevent the executor from obtaining the Grant and distributing the estate while your dispute is being investigated. If the executor issues a formal warning against the caveat, you must file an appearance within 14 days or the caveat lapses. We handle the entire caveat procedure on your behalf.
What is a Larke v Nugus request?
A Larke v Nugus request is a formal written request made to the solicitor who prepared and witnessed the will in dispute, named after the Court of Appeal decision in Larke v Nugus [2000]. It asks specific questions about the circumstances in which the will was made: who gave instructions; whether the testator appeared to understand what they were doing; whether capacity was in any doubt; whether the golden rule was followed; and what is recorded in the solicitor’s attendance notes. This contemporaneous file evidence is often the most important early material in any capacity or undue influence case. Solicitors are professionally obliged to respond. We make these requests as a matter of routine.
Does a will have to be challenged just because it seems unfair?
No. Testamentary freedom is a fundamental principle of English law and a will cannot be set aside merely because it seems unjust or does not meet the expectations of disappointed relatives. If the will is not challenged it will be admitted to probate. However, we can advise quickly on whether the circumstances of your case support a legal claim — as opposed to a purely moral grievance — and what the realistic prospects of a challenge would be.
Who pays the legal costs of a will dispute?
In general civil litigation, the losing party pays a proportion of the winning party’s costs. In contentious probate, courts retain a broader discretion — where the dispute arose from the testator’s conduct, costs may be ordered from the estate; where a claimant had reasonable grounds for a challenge, a more favourable costs order may result even if ultimately unsuccessful. These principles have been applied less generously in recent years. Funding options include private funding, conditional fee agreements (no win no fee) in appropriate cases, damages-based agreements and legal expenses insurance held under existing policies. We discuss all options at the start of every instruction.
Can adult children contest a will?
Yes. Adult children can contest a will on validity grounds if they have standing, and can also bring an Inheritance Act 1975 claim as children of the deceased. There is no age restriction on either route. However, the standard for Inheritance Act provision for adult children differs from that for a surviving spouse — the court does not automatically assume that an adult child needs or deserves provision. The claim must be established on the specific facts, including the claimant’s financial needs, the deceased’s obligations and responsibilities, and the nature of the relationship. We have extensive experience of adult child inheritance claims, including claims by estranged children.
Can I contest a will if I was not included in it?
Possibly. If you were not named in the will, you may still have standing if you would benefit under an earlier valid will, or if you would inherit under the intestacy rules if the current will were set aside. You may also have an Inheritance Act claim if you fall within one of the qualifying categories. The position depends on your specific relationship with the deceased and your financial circumstances. We can advise quickly on whether you have standing to bring any type of claim.
What is the golden rule in will preparation?
The golden rule is a best-practice principle that when a solicitor prepares a will for an elderly or potentially vulnerable testator, they should arrange for the testator to be examined by their GP before drafting and have the GP’s assessment of capacity recorded in a contemporaneous attendance note. Compliance with the golden rule is strong — though not conclusive — evidence that the testator had capacity. Failure to follow it, particularly where the testator was frail or had a known cognitive condition, will be a significant factor in any subsequent capacity challenge.
Can a will be contested if the deceased had dementia?
Yes, though a diagnosis of dementia does not automatically mean that the testator lacked testamentary capacity. The legal test is whether, when confirming instructions for or when executing the will, the testator had the capacity required by Banks v Goodfellow — not whether they were generally unwell or carried a diagnosis at some point. Dementia fluctuates and there may be lucid intervals. Medical records, GP notes, care home records and an independent expert psychiatric assessment are central to the claim. We have extensive experience of capacity challenges involving dementia and other cognitive conditions.
Do will disputes always go to court?
No. The majority of will disputes do not reach a full trial. Many are resolved by negotiation at the pre-action stage. A significant proportion are resolved through mediation. Only a relatively small number proceed all the way to a contested hearing. However, being prepared to litigate — having properly pleaded claims and a clear evidence base — puts you in a much stronger negotiating position throughout. Our approach is to pursue the most efficient route to resolution at every stage.
What is the Inheritance Act 1975 time limit and can it be extended?
You will need the court’s permission to issue proceedings in an Inheritance Act claim more than six months from the date of the Grant of Probate or Grant of Letters of Administration. The court has a discretion to extend the period but will not always do so and there is no guarantee that an extension will be granted. If you believe you may have an Inheritance Act claim, contact us immediately — do not allow time to pass while you take a view.
Can a cohabitee or unmarried partner contest a will?
Yes, in certain circumstances. If you are a surviving partner who is not provided for in your partner’s will, or who would not inherit under the intestacy rules, you may have a claim under the Inheritance Act 1975 as a qualifying cohabitee — provided you lived in the same household as the deceased as if you were a married couple or civil partners for the whole of the two years immediately before the death. Seek advice urgently given the strict 6-month deadline from the Grant of Probate.
I am an executor — what should I do if the will is challenged?
Seek specialist legal advice immediately. Do not distribute the estate until the dispute is resolved or the court has given you permission to proceed. You may need to apply to the court to prove the will in solemn form — formal proceedings in which the validity of the will is determined by the court with full evidence. Your own costs as executor may be recoverable from the estate, but you must act reasonably, proportionately and without undue delay throughout. We advise and represent executors facing challenges at every stage.
Can a will be challenged if the testator signed it without reading it?
Possibly, on the ground of lack of knowledge and approval. A testator must know and approve of the contents of their will, not merely sign it. If the testator signed a will they had not read, did not understand, or that was misrepresented to them, there may be grounds to challenge it. This is particularly relevant where the will was prepared by or at the direction of a person who benefits under it, where the testator did not speak fluent English, or where the testator was blind, illiterate or seriously unwell at the time of execution.
Start Your Will Dispute Assessment Today
If you are considering contesting a will, defending an estate or bringing an Inheritance Act claim, contact our specialist contentious probate team for a clear initial assessment of the merits, the evidence and the next steps. We offer an initial no-charge telephone consultation. Our solicitors advise clients across England and Wales and internationally. We are based in Bristol, just 90 minutes from London by road or rail.
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+44 (0)117 929 2662 | +44 (0)207 183 8840 | lawyers@humphreys.co.uk
Material on this page is provided for general informational purposes and does not constitute legal advice.
For advice specific to your circumstances, please contact a qualified solicitor. The law described is that of England and Wales.
Humphreys & Co. Solicitors are authorised and regulated by the Solicitors Regulation Authority under no. 62944.
