Contesting a will or inheritance

We understand that the emotional toll of a dispute like this can be overwhelming, on top of grief. This page explains the legal grounds for a challenge in plain English, with the correct legal terms alongside. If you're ready to check whether you have a claim right now, see our dedicated wills & inheritance disputes solicitors page, where you can use a free Claim Checker.

The grounds for contesting a will

A will can be challenged as invalid on several specific legal grounds:

• Lack of testamentary capacity — the person didn't have the mental capacity to understand what they were signing at the time
• Lack of knowledge and approval — they didn't properly know or approve the contents of the will
• Undue influence or coercion — they were pressured or manipulated into signing something that didn't reflect their true wishes
• Failure to comply with the Wills Act 1837 — the will wasn't correctly signed or witnessed
• Forgery and fraud — the will, or a signature on it, wasn't genuine

Reasonable financial provision (Inheritance Act 1975)

Even where a will is entirely valid, certain people can bring a claim if they believe they haven't received reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. This can include spouses, former spouses, children, and anyone who was being financially maintained by the person who died. This is a different legal route from challenging the will's validity — it accepts the will is valid but argues the outcome is unfair.

Choosing to challenge, not contest, a will

Not every dispute is about invalidity. Proprietary estoppel, for example, can apply where someone was promised an inheritance (perhaps in return for years of unpaid work on a family farm or business) and relied on that promise to their detriment, only for the will not to reflect it. This is a separate legal argument, distinct from both contesting validity and an Inheritance Act 1975 claim.

Rules of intestacy

Where there's no valid will — or a will is successfully overturned — the estate is distributed under the intestacy rules. Read more about how this works in estate administration.

What if probate has already been granted?

You can still challenge a will after a Grant of Probate has been issued, though acting quickly matters — assets may already be in the process of being distributed. Speak to a solicitor as soon as you have concerns.

Resolving disputes amicably

Not every dispute needs to go to court. Mediation and collaborative approaches can resolve disagreements faster, more cheaply, and with less damage to family relationships than contested litigation — something we'll always discuss with you as an option.

Why legal representation matters

Will and inheritance disputes involve strict time limits, technical legal tests, and often long-term family relationships — getting specialist advice early protects both your legal position and, where possible, your family relationships.

Related Services

• Write or update a will Making a will
• Deal with an estate after a death (probate) Estate administration
• Appoint someone to manage your affairs in future Power of attorney
• Register or act under an LPA where capacity has already been lost Lasting power of attorney solicitors
• Apply to the Court of Protection for a deputy Court of Protection solicitors
• Reduce inheritance tax or plan for the future Inheritance and tax planning
• Protect assets for children, grandchildren or a vulnerable relative Trusts
• Get help specifically with a contested probate claim Wills & inheritance disputes solicitors