What Are the Grounds for Contesting a Will?

If you believe a loved one’s Will does not reflect their true wishes, you may be wondering whether it can be challenged.

A Will cannot be contested simply because somebody is unhappy with their inheritance. However, there are recognised legal grounds for contesting a Will where concerns exist about its validity or the circumstances in which it was prepared.

The main grounds to contest a Will include a lack of testamentary capacity, undue influence, fraud or forgery, improper execution, and a lack of knowledge and approval.

Key Takeaways

• A Will cannot be contested simply because somebody is unhappy with their inheritance.

• The main grounds for contesting a Will include lack of testamentary capacity, undue influence, fraud or forgery, improper execution, and lack of knowledge and approval.

• The evidence required may include medical records, witness statements, previous Wills and the file of the solicitor or Will writer who prepared the document.

• There is no single time limit for challenging the validity of a Will, but delaying action can make evidence harder to obtain and allow the estate to be distributed.

• A caveat can temporarily prevent a Grant of Probate from being issued, but legal advice should be obtained before entering one.

• Contesting the validity of a Will is different from making a claim for reasonable financial provision under the Inheritance (Provision for Family & Dependants) Act 1975.

What are the Grounds for Contesting a Will in the UK?

The main grounds for contesting a Will in the UK are:

• Lack of testamentary capacity

• Undue influence or coercion

• Fraud or forgery

• Improper execution

• Lack of knowledge and approval

More than one ground may apply to the same case. For example, concerns about an elderly or vulnerable person’s mental capacity may arise alongside suspicions that somebody influenced their decisions. 

The evidence required will depend on the particular circumstances, so it is important to obtain legal advice before beginning a challenge.

What is Lack of Testamentary Capacity?

A person must have the necessary mental capacity to make a valid Will. They should understand:

• That they are making a Will and what it will do

• The general extent of their property and assets

• The people who may reasonably expect to inherit

• The consequences of including or excluding certain people

A diagnosis of dementia or another condition affecting the mind does not automatically mean that somebody lacked capacity. The key question is whether they understood what they were doing at the time the Will was made.

Medical records may be reviewed to understand the deceased’s health during this period. Evidence could also be obtained from the solicitor who prepared the Will and people who knew the deceased.

What is Undue Influence in a Will?

An undue influence Will claim may arise where somebody believes the testator was coerced into making or changing a Will that did not reflect their genuine wishes. Undue influence must involve more than persuasion or advice. The pressure must have overpowered the person’s ability to make their own decision.

Potential warning signs can include a sudden or unexplained change to an existing Will, a new beneficiary receiving a substantial inheritance or a beneficiary arranging appointments and providing instructions on the testator’s behalf. Concerns may also arise if the testator became isolated from relatives and friends or one person took increasing control of their finances or daily affairs.

Undue influence can be difficult to prove because it often happens in private or develops gradually over time. Medical records and evidence from relatives or other witnesses may help establish what happened. 

What Counts as Fraud or Forgery? 

A fraudulent Will may have been created or altered to deceive others. Forgery could involve somebody falsifying the testator’s signature or presenting a document as their Will when they did not approve or sign it. 

The witnesses to the Will will usually be contacted to establish whether they saw the testator sign the document and who else was present.

The disputed Will may also be compared with previous Wills and the deceased’s usual Will-making habits. For example, a handwritten Will may require further investigation if the person had always used a solicitor previously.

What is Improper Execution of a Will?

For a Will to be valid, it must meet the legal requirements set out in Section 9 of the Wills Act 1837.A Will must be:

• In writing

• Signed by the testator, or by somebody acting at their direction and in their presence

• Signed with the intention of giving effect to the Will

• Witnessed correctly by two people

The testator must sign or acknowledge their signature in the presence of both witnesses at the same time. Each witness must then sign the Will or acknowledge their signature in the testator’s presence.

A Will may be invalid if, for example, one person witnesses the signature before somebody else adds their name several days later without seeing or receiving acknowledgement of the testator’s signature.

Homemade Wills can also cause problems when sections are left incomplete, or the wording does not deal with the whole estate.

What is Lack of Knowledge and Approval?

A person making a Will must understand that the document is their Will and be aware of its contents when they sign it.

Lack of knowledge and approval may become one of the grounds for challenging a Will when suspicious circumstances surround its preparation. This could include:

• A beneficiary playing an unusually active role in giving instructions

• The testator signing a document they may not have understood

• The Will differing significantly from the wishes they had previously expressed

• Unexpected or unexplained changes to beneficiaries

Evidence from the Will’s preparer and its witnesses, along with those who knew the deceased, may be relevant. Earlier drafts and correspondence may also help establish whether the testator understood and approved the document.

How do you Prove the Grounds for Contesting a Will?

The evidence needed will depend on the particular reasons to contest a Will. Investigations may involve obtaining the deceased’s medical records or requesting the file from the solicitor or Will writer who prepared the document, as well as contacting the witnesses to understand what happened when it was signed.

Evidence may also be gathered from relatives, carers, friends and others who knew the deceased. The disputed Will can be compared with earlier Wills and correspondence, while information about the deceased’s finances and relationships may help identify any concerning circumstances.

Evidence can become more difficult to obtain as time passes. Medical records and archived files may take time to retrieve, while witnesses’ memories can fade. It is therefore important to seek legal advice and begin investigations promptly.

To find out more about how you can contest a Will, visit: A guide to contesting a Will | Smith Partnership

What are the Time Limits for Contesting a Will?

There is no single time limit that applies to every Will or inheritance dispute. Although a challenge to the validity of a Will is not generally subject to a fixed statutory deadline, delaying action can make the claim more difficult. The estate may also be administered and its assets distributed. 

If there are genuine concerns about a Will’s validity, it may be appropriate to enter a caveat with the Probate Registry. A caveat initially lasts for six months and prevents a Grant of Probate from being issued while investigations take place.

However, entering a caveat can lead to legal proceedings and costs, so advice should be obtained before taking this step.

Different time limits apply to other claims against an estate. For example, claims under the Inheritance (Provision for Family and Dependants) Act 1975 need to be issued within six months of the Grant of Probate.

Can you Contest a Will Because you are Unhappy With Your Inheritance?

Being disappointed with an inheritance is not, by itself, one of the grounds for contesting a Will. If the Will is valid, certain people may instead be able to seek reasonable financial provision from the estate. Potential applicants can include a spouse or civil partner, a child, a qualifying cohabiting partner or somebody who was financially maintained by the deceased.

Other claims may also be possible where somebody relied on a promise made by the deceased and suffered a financial disadvantage as a result. 

These claims are different from challenging the validity of a Will and have their own legal tests and deadlines.

Frequently Asked Questions

How much does it cost to contest a Will?

The cost of contesting a Will depends on the complexity of the case and whether it settles before court proceedings are needed.. Following an initial enquiry, and upon receipt of background information, we are able to offer a quote for advice, and an idea as to the likely costs to bring a claim. Some cases may be taken on a conditional fee basis, depending on the circumstances. It is important to obtain legal advice early so you can understand the likely costs before committing to a challenge.

Can you contest a Will after probate has been granted?

Yes, it is possible to contest a Will after probate has been granted, although it becomes more complicated. If assets have already been distributed, recovery can be difficult. Acting quickly is strongly advisable, entering a caveat before probate is granted is one of the most effective ways to pause proceedings while a challenge is investigated.

Who can contest a Will in the UK?

Anyone with a legitimate interest in the estate can contest a Will. This typically includes people who would inherit under the rules of intestacy if the Will were found invalid, people named in a previous Will, and dependants or family members who may have a financial claim against the estate. The strength of your legal standing will depend on the specific grounds being raised.

What is the difference between contesting a Will and making an Inheritance Act claim?

Contesting a Will challenges its legal validity, arguing it should not be given effect at all. An Inheritance Act claim does not dispute the Will's validity but instead asks the court to make reasonable financial provision for someone who has been left out or inadequately provided for. Both types of claim have different legal tests, time limits and outcomes.

What happens if a Will is successfully contested?

If a Will is found to be invalid, the estate is usually distributed in accordance with an earlier valid Will, if one exists. If there is no valid earlier Will, the estate passes under the rules of intestacy, which set out a fixed order of priority for family members. The court may also consider partial invalidity in some cases, for example, if only certain clauses are found to be problematic.

How Smith Partnership can Help

Contesting a Will can be legally complex and emotionally difficult. Our contentious probate solicitors can assess your concerns and explain whether there may be valid grounds to contest a Will, as well as help gather the evidence needed to protect your position.

We can assist with concerns involving testamentary capacity, improper execution, a fraudulent Will, lack of knowledge and approval or undue influence.

If you are considering contesting a Will or bringing another claim against an estate, contact us by calling 0330 123 1229, completing our online contact form or emailing info@smithpartnership.co.uk.