Contesting a Will in the UK
How will disputes work in England and Wales, who can bring a claim, and the deadlines that decide whether you can act at all.
This article is general information, not legal advice. Contesting a will is a technical area of law with strict deadlines and serious costs consequences, so before you act on anything here you should consult a qualified solicitor about your own circumstances. The law summarised below applies to England and Wales; Scotland has a different system, including "legal rights" that automatically entitle a spouse and children to a share of the estate, so the routes described here do not map across the border.
Will disputes are becoming more common. The High Court reported a rise in contentious probate claims over the past decade, and law firms tracking the data have linked it to bigger estates, rising property values, blended families and the simple fact that more people now expect to inherit. The *Law Society Gazette* has repeatedly covered the growth in inheritance litigation, and national outlets including the *BBC*, *The Guardian* and *The Telegraph* have run features on families fighting over wills. Understanding the two main legal routes, and the clock attached to one of them, is the difference between a real claim and a missed one.
Two routes to contest a will
In England and Wales there are broadly two distinct things people mean by "contesting a will". They are legally separate, and you may have one route, the other, both, or neither.
1. Challenging the validity of the will. Here you argue the document itself is not legally valid, so it should be set aside. If a valid earlier will exists, that one takes effect; if not, the estate passes under the intestacy rules.
2. A claim under the Inheritance (Provision for Family and Dependants) Act 1975. Here you accept the will is valid but argue it fails to make reasonable financial provision for you, and you ask the court to vary how the estate is shared.
The distinction matters because the grounds, the eligible claimants and the deadlines are all different.
Route one: challenging the will's validity
A will can be challenged as invalid on several established grounds.
Lack of due execution
Under section 9 of the *Wills Act 1837*, a will must be in writing, signed by the testator (or by someone in their presence and at their direction), and that signature must be made or acknowledged in the presence of two witnesses present at the same time, who each then sign. If those formalities were not followed, the will can fail for want of due execution. There is a legal presumption that a will which looks properly executed was properly executed, so the burden of proving otherwise falls on the person challenging it.
Lack of testamentary capacity
The testator must have had the mental capacity to make a will. The long-standing test comes from *Banks v Goodfellow* (1870): the person must understand that they are making a will and its effect, understand roughly the extent of their property, and be able to comprehend and appreciate the claims of those they might be expected to provide for, with no disorder of the mind distorting their judgement. Disputes here often turn on medical records and contemporaneous notes, especially where dementia or serious illness is alleged.
Lack of knowledge and approval
Even a person with capacity must know and approve the contents of their will. If there are suspicious circumstances, for example a will drafted by someone who substantially benefits under it, the court may require positive evidence that the testator genuinely understood and approved what they were signing.
Undue influence
This is coercion: the testator was pressured to the point that the will reflects another person's wishes rather than their own. It is notoriously hard to prove, because there is rarely a witness, and the burden sits squarely on the person alleging it. Mere persuasion or a close relationship is not enough.
Fraud and forgery
A will may also be challenged where the signature is forged, or where the testator was deceived (for instance, lied to about a beneficiary to turn them against that person). These are serious allegations that demand strong evidence, sometimes including handwriting analysis.
Route two: the Inheritance (Provision for Family and Dependants) Act 1975
The 1975 Act does not say the will is wrong; it says the outcome is unfair to certain people. A defined category of applicants can ask the court for "reasonable financial provision" out of the estate, whether the estate passes by will or by intestacy.
Who can claim
The Act sets out eligible categories:
The deceased's spouse or civil partner.
A former spouse or civil partner who has not remarried or formed a new civil partnership.
A person who cohabited with the deceased as a partner for at least two years immediately before the death.
A child of the deceased (of any age).
A person treated by the deceased as a child of the family.
Any other person who was being maintained, wholly or partly, by the deceased immediately before death.
For most applicants the standard is what is reasonable for their maintenance. A surviving spouse or civil partner is judged by a more generous standard: what is reasonable in all the circumstances, whether or not it is needed for maintenance. Courts weigh factors such as the applicant's financial needs and resources, the size and nature of the estate, any obligations the deceased had, and the conduct of those involved.
The six-month deadline
The single most important rule for a 1975 Act claim is the time limit. A claim must normally be brought within six months of the grant of probate (or grant of letters of administration). The court has discretion to allow a late claim, but it is not guaranteed and you cannot rely on it. If you think you may need to claim, get advice well inside that window.
Stopping a grant: caveats
If you believe a will is invalid and want time to investigate before the estate is distributed, you can enter a caveat at the Probate Registry. A caveat (gov.uk explains the process and the fee) prevents a grant of probate being issued for six months, and can be renewed. It is a holding measure, not a claim in itself, and entering one without proper grounds can expose you to costs.
Mediation, costs and the risk of fighting
Most contested probate matters settle before trial, very often through mediation, and the courts actively encourage it. The Society of Trust and Estate Practitioners (STEP) and the Law Society both stress alternative dispute resolution because litigation is slow, public and expensive.
Costs are the part people underestimate. In a validity dispute the general rule is that the loser pays, and a failed challenge can leave you facing both sides' bills. There are limited exceptions where the estate bears costs (for example, where the testator's own conduct caused the litigation), but you should never assume the estate will pay. *The Telegraph* and the *Law Society Gazette* have both reported on cases where legal costs consumed a large slice of the estate the parties were fighting over, leaving everyone worse off. Going in with clear advice on your prospects, and on costs exposure, is essential.
Where Afterlife AI™ fits
Many will disputes grow from a vacuum: nobody knew why the deceased made the choices they did, so relatives fill the silence with suspicion. Afterlife AI™ does not give legal advice and is not a substitute for a properly drafted, professionally witnessed will. What it can do is preserve someone's own words, values and reasoning while they are alive, through their consent-based Persona and, for those who choose it, a consent-based voice they create themselves. Afterlife AI™ also offers Executor Lock™, which lets a person settle and lock who holds key responsibilities, including consent for posthumous voice playback, so that those decisions cannot be quietly altered after death. None of this replaces a solicitor or a valid will, but a clear record of intent can take some of the heat out of the questions that drive families to court.
Frequently asked questions
The answers below are general information only. For your situation, speak to a solicitor.
How long do I have to contest a will in the UK?
It depends on the route. A claim under the Inheritance (Provision for Family and Dependants) Act 1975 must normally be made within six months of the grant of probate. Validity challenges (such as lack of capacity or undue influence) are not bound by that exact six-month rule, but delay is risky once the estate has been distributed, so act quickly.
What are valid grounds to challenge a will's validity?
The main grounds are lack of due execution under section 9 of the Wills Act 1837, lack of testamentary capacity (the Banks v Goodfellow test), lack of knowledge and approval, undue influence, and fraud or forgery. Each requires evidence, and the burden of proof usually sits with the person challenging the will.
Can an unmarried partner claim against an estate?
Possibly. Under the 1975 Act, a person who lived with the deceased as a partner for at least two years immediately before death may apply for reasonable financial provision, even if the will leaves them nothing. A cohabitant has no automatic entitlement, so the claim is assessed on its facts.
How do I stop probate while I investigate?
You can enter a caveat at the Probate Registry, which generally prevents a grant of probate for six months and can be renewed. It is a temporary block to give you time to investigate, not a claim in itself, and gov.uk sets out the current process and fee.
Will I have to pay the legal costs if I lose?
Often, yes. In validity disputes the usual rule is that the loser pays, which can mean covering both sides' costs. Some exceptions exist where the estate pays, but you should not assume that. This is one reason early, realistic legal advice and mediation matter so much.
Does the same law apply in Scotland?
No. This article covers England and Wales. Scotland has a separate system, including "legal rights" that give a surviving spouse, civil partner and children an automatic share of certain estate assets. If the death or estate is connected to Scotland, take advice from a Scottish solicitor.
This article is general information and not legal advice. Any cases mentioned are illustrative. Inheritance law involves strict deadlines and significant costs risk, so before taking any step you should consult a qualified solicitor about your own circumstances.