Yes, wills can be contested in the UK, but only on specific legal grounds. Simply feeling the will is unfair isn't enough. You need to prove invalidity, undue influence, lack of capacity, or that reasonable provision wasn't made for dependants.
Grounds for Contesting a Will
1. Lack of Valid Execution
The will wasn't made following legal requirements:
- Not signed by the testator
- Not witnessed by two people
- Witnesses weren't present when testator signed
- Witness was also a beneficiary
2. Lack of Testamentary Capacity
The person making the will didn't have mental capacity. They must understand:
- They're making a will and its effect
- What assets they own
- Who might expect to benefit
- The impact of including/excluding people
Dementia, mental illness, or medication effects can be grounds.
3. Undue Influence
Someone coerced or manipulated the testator into making the will. This is difficult to prove as it usually happens in private. Signs include:
- Sudden changes favouring one person
- Isolation from family before the will was made
- The beneficiary arranged the will-writing
- The testator was vulnerable or dependent
4. Fraud or Forgery
The will is a fake, the signature is forged, or the testator was tricked about what they were signing.
5. Lack of Knowledge and Approval
The testator didn't know or approve the contents - for example, if they signed without reading it or were misled about what it said.
6. Rectification
The will doesn't accurately reflect the testator's wishes due to a clerical error or misunderstanding of instructions.
The 1975 Act Claims
The Inheritance (Provision for Family and Dependants) Act 1975 lets certain people claim "reasonable financial provision" from an estate, even if the will is valid.
Who Can Claim?
- Spouse or civil partner
- Former spouse (if not remarried)
- Cohabitant (lived together 2+ years before death)
- Children (of any age)
- Anyone treated as a child of the family
- Anyone financially maintained by the deceased
What the Court Considers
- The applicant's financial needs and resources
- Other beneficiaries' needs and resources
- The size of the estate
- Any obligations the deceased had
- Any disabilities of applicants or beneficiaries
- Any other relevant matters
Time Limits
| Type of Challenge | Time Limit |
|---|---|
| 1975 Act claims | 6 months from grant of probate |
| Validity challenges | No fixed limit (but act quickly) |
| Rectification | 6 months from grant of probate |
The Process of Contesting
- Get legal advice - Contest claims are complex
- Enter a caveat - Prevents probate being granted while you investigate (6 months, renewable)
- Gather evidence - Medical records, witness statements, documents
- Attempt mediation - Courts expect you to try to settle
- Issue court proceedings - If mediation fails
- Trial - If settlement isn't reached
Costs of Contesting
Some solicitors offer no-win-no-fee arrangements for strong cases, but these are selective.
How to Make Your Will Harder to Contest
1. Use a Professional
Professionally drafted wills are less likely to have technical errors.
2. Get a Capacity Assessment
If there's any doubt about capacity, have a doctor assess and document it when the will is made.
3. Provide for Dependants
Leaving something (even a modest amount) to people who might claim under the 1975 Act reduces their chances of success.
4. Write a Letter of Wishes
Explain your reasons for the distribution. Not legally binding, but helps show the will reflects your true wishes.
5. Keep the Will Updated
A recent will made in good health is harder to challenge than an old one.
6. Don't Let Beneficiaries Arrange It
The will should be arranged independently, not by someone who benefits significantly.
Frequently Asked Questions
Can I contest a will if I was left out?
Being left out alone isn't grounds. You need a legal basis - either the will is invalid, or you're an eligible dependant under the 1975 Act.
Can I contest my parent's will?
Adult children can claim under the 1975 Act if they can show they weren't given reasonable provision, but the threshold is higher than for spouses/dependants.
How long does a will contest take?
From 6 months to several years, depending on complexity and whether it settles or goes to trial.
Will the estate pay my legal costs?
Not automatically. If you win, costs may come from the estate. If you lose, you may pay the winning side's costs.