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How to Contest a Will in the UK (2026 Guide)

· 18 min

Note: The following scenario is fictional and used for illustration.

Emma, 42, had cared for her mother full-time for seven years, giving up her job as a teacher after her mother's dementia diagnosis. Her mother had repeatedly promised her "the house will be yours—you've sacrificed so much." When her mother died, Emma discovered a new will made three months before her death, leaving the entire £420,000 estate to Emma's brother Michael, who lived in Australia and visited twice in seven years. The will was signed at Michael's insistence during his last visit, when their mother's dementia had progressed significantly.

Emma's situation represents thousands of will challenges entered each year. While more than 10,000 caveats were submitted to probate registries in the UK in 2020, only 2-4% of these disputes ever reach court. Approximately 50% settle before trial. Understanding your legal grounds, realistic costs, and chances of success is essential before deciding whether to challenge a will.

This guide explains the legal process for contesting a will in the UK, the grounds for challenge recognized by courts, time limits you must meet, realistic costs, and how to assess whether your case is worth pursuing.

Table of Contents

What Does It Mean to Contest a Will in the UK?

Contesting a will means challenging its legal validity or claiming you haven't received fair provision from the estate.

Validity challenges argue the will is legally invalid due to lack of mental capacity, undue influence, improper execution, fraud, forgery, or lack of knowledge and approval. If successful, the will becomes void and the estate is distributed according to an earlier valid will or under intestacy rules.

Inheritance Act claims under the Inheritance (Provision for Family and Dependants) Act 1975 don't challenge the will's validity. Instead, you claim the will hasn't made reasonable financial provision for you. The will stays valid but the court orders provision from the estate.

Proprietary estoppel claims enforce promises made about inheritance, such as "the farm will be yours if you keep working it."

Between October 2020 and April 2021, JMW Solicitors saw a 111% increase in enquiries about contesting a will compared with the previous six months.

Who Can Contest a Will? (Standing Requirements)

"Standing" (locus standi) refers to your legal right to challenge a will. Without standing, courts dismiss your claim regardless of how strong your grounds are.

For validity challenges, anyone with a financial interest has standing: beneficiaries under the current or earlier will, people who would inherit under intestacy rules, creditors, and executors.

For Inheritance Act claims, only specific categories under Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 can claim: spouse or civil partner, former spouse or civil partner who hasn't remarried, cohabitee (lived with the deceased for 2+ years), child (including adult children), person treated as a "child of the family," and person being maintained by the deceased.

Your Relationship Validity Challenge? Inheritance Act Claim?
Spouse/civil partner ✓ Yes ✓ Yes
Cohabitee (2+ years) ✓ If beneficiary in earlier will ✓ Yes
Cohabitee (<2 years) ✓ If beneficiary in earlier will ✗ No
Adult child ✓ Yes ✓ Yes
Friend/non-relative ✓ If beneficiary in earlier will ✗ No

UK law recognizes seven grounds for challenging a will's validity. Each has different legal tests, evidence requirements, and success rates.

1. Lack of Testamentary Capacity

The Banks v Goodfellow (1870) test requires the testator to: (1) understand the nature of making a will, (2) understand the extent of their property, (3) comprehend who should benefit, and (4) have no disorder of mind that perverts their sense of right.

Evidence needed: medical records, GP notes, expert medical testimony. Success rate: 22-35% with strong medical evidence.

Margaret, 78, signed her will leaving everything to her carer. GP notes showed she couldn't recognize her own children. Her daughter challenged with medical evidence of advanced dementia. The will was declared invalid.

2. Undue Influence

Undue influence means coercion that overpowers the testator's free will. The challenger must prove actual coercion occurred. Evidence needed: proof of threats, isolation, controlling behavior. Success rate: 10-15% (hardest to prove).

Peter, 83, was isolated from his children by his new partner who prevented phone calls and monitored his mail. His children challenged with evidence of isolation and financial control. The will was set aside.

3. Lack of Valid Execution (Formalities)

A will must be properly executed according to Section 9 of the Wills Act 1837: in writing, signed by the testator, witnessed by two witnesses present simultaneously, witnesses sign in testator's presence.

Common failures: only one witness, beneficiary as witness (gift void under Section 15). Success rate: 60-80% when there's a clear breach.

4. Lack of Knowledge and Approval

The testator must know and approve the will's contents. "Suspicious circumstances" (beneficiary prepared the will, testator blind or couldn't read English) shift the burden of proof. Success rate: 30-40% when suspicious circumstances established.

5. Fraud

Deliberate deception that causes the testator to alter their testamentary intentions. Burden of proof: criminal standard (beyond reasonable doubt). Success rate: 5-10%.

6. Forgery

The will or signature is fake. Requires handwriting expert analysis. Burden of proof: beyond reasonable doubt. Success rate: 5-10%.

7. Fraudulent Calumny

Someone tells the testator lies about another person, causing them to be excluded. Burden of proof: balance of probabilities. Success rate: 10-15%.

Ground Burden of Proof Success Rate Evidence Required
Lack of Capacity Challenger raises doubt, then defender proves capacity 22-35% Medical records, expert reports
Undue Influence Challenger (criminal standard) 10-15% Coercion evidence, control patterns
Improper Execution Challenger (balance of probabilities) 60-80% Will document, witness testimony
Lack Knowledge/Approval Defender if suspicious circumstances 30-40% Circumstances, translations
Fraud Challenger (criminal standard) 5-10% Direct evidence of deception
Forgery Challenger (criminal standard) 5-10% Handwriting analysis
Fraudulent Calumny Challenger (balance of probabilities) 10-15% Proof of false statements + influence

The Inheritance Act 1975: Claiming Reasonable Financial Provision

The Inheritance (Provision for Family and Dependants) Act 1975 allows courts to order provision from an estate even when the will is valid.

Who can claim: spouses, civil partners, former spouses who haven't remarried, cohabitees (2+ years), children, people treated as a "child of the family," anyone being maintained by the deceased.

The legal test: has the will made "reasonable financial provision" for you? For spouses/civil partners, the standard is what is reasonable in all circumstances. For everyone else, the standard is what is necessary for their maintenance.

Time limit: six months from the grant of probate (strict deadline).

Remedies: lump sum payment, transfer of property, periodical payments, or combination.

Helen was married to David for 35 years. His will left his £800,000 estate to his children from his first marriage. Helen claimed as a spouse. The court awarded her £400,000 (50%). The will remained valid, but its distribution was overridden.

Approximately 25-30% of Inheritance Act claims succeed in obtaining some provision, though often less than claimed. Most settle before trial.

How to Contest a Will: Step-by-Step Process

Step 1: Obtain a Copy of the Will. After probate, search through GOV.UK Probate Search for £1.50. Before probate, ask the executor.

Step 2: Seek Legal Advice (Within Days). Contact a contentious probate solicitor immediately. Time limits are strict.

Step 3: Enter a Caveat (Before Probate). A caveat costs £3 and stops probate for six months. It can be extended once.

Step 4: Gather Evidence. Medical records for capacity challenges, witness statements for undue influence, financial records for Inheritance Act claims.

Step 5: Send Letter of Claim. Your solicitor sends a formal letter setting out your claim. They must respond within 14 days.

Step 6: Attempt Mediation. Mediation costs £1,000-£3,000 (split between parties). Success rates: 60-70% of cases settle.

Step 7: Issue Court Proceedings. File in High Court. Court fees: £695 to issue, £1,000 hearing fee.

Step 8: Court Directions. Timetable for exchanging evidence. Timeline: 6-12 months to trial.

Step 9: Trial. Full hearing before a High Court judge. Timeline: 12-18 months from initial challenge.

Step 10: Appeal. File within 21 days, requires permission.

Only 2% of will contests proceed to final trial. Most parties prefer negotiated settlements.

Time Limits for Contesting a Will (Critical Deadlines)

For Inheritance Act Claims: 6 Months (STRICT)

Under Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975, you must apply within six months from when probate is granted. This deadline is strictly enforced. Extensions are rarely granted except in exceptional circumstances.

For Validity Challenges: No Statutory Limit (BUT Delay Is Fatal)

No fixed deadline, but unreasonable delay can be fatal. Best practice: enter a caveat BEFORE probate is granted. Challenge within 6-12 months of death.

Caveat Timeline: lasts six months, renewable once. The executor can issue a "warning" requiring response within 14 days.

Claim Type Time Limit Starts From Can Be Extended?
Inheritance Act 1975 6 months Grant of probate Yes, with court permission (rarely granted)
Validity challenge No limit (but delay fatal) N/A N/A
Caveat (stops probate) 6 months (renewable once) Date entered Yes (one 6-month extension)

How Much Does It Cost to Contest a Will in the UK?

Costs range from £5,000-£15,000 for settlements to over £100,000 for complex trials.

Cost Breakdown:

  • Solicitor fees: £150-£500 per hour (full case: £25,000-£50,000)
  • Court fees: £695 to issue + £1,000 hearing fee
  • Barrister fees: £5,000-£20,000 (trials can exceed £50,000)
  • Expert witness fees: £2,500-£5,000 per report. Expert fees plus solicitor liaison charges total £3,400-£4,200
  • Mediation: £1,000-£3,000 per day (split between parties)

Who Pays?: If you win, the other side usually pays 60-80% of your costs. If you lose, you pay your own costs PLUS the other side's costs (potentially £20,000-£200,000).

Funding Options:

  • No Win, No Fee: You pay nothing if you lose. Success fee up to 100% if you win. Need After the Event insurance (£2,000-£10,000 upfront)
  • Legal Expenses Insurance: Check home insurance—may cover up to £25,000-£50,000
  • Litigation Funding: For estates over £1 million

More people challenge wills even though costs can exceed £75,000. Only proceed if you have strong grounds.

What Is the Success Rate of Contesting a Will?

More than 10,000 caveats were submitted in 2020. Only 2-4% result in court cases. Of cases that reach court, only 3-5% succeed in completely overturning the will. However, approximately 50% settle before trial, typically for 30-60% of the claimed amount.

Success Rates by Ground:

Ground Success Rate Notes
Lack of capacity 22-35% Higher with strong medical evidence
Undue influence 10-15% Hardest to prove
Improper execution 60-80% If clear formality breach
Lack of knowledge/approval 30-40% Moderate with suspicious circumstances
Fraud/Forgery 5-10% Criminal standard required

Inheritance Act: 25-30% succeed in obtaining some provision (often less than claimed). Spouses are more successful than adult children.

Why Success Rates Are Low: High burden of proof, UK law protects testamentary freedom, properly executed wills presumed valid, cost deterrent (£40,000-£100,000).

Strong cases have clear medical evidence, multiple witnesses, obvious execution failures, or dramatic last-minute changes. Weak cases rely on "my parent would never do this" without evidence.

Even strong cases rarely achieve 100% of claimed amount. Legal costs can consume 20-40% of your award even if you win.

What Happens If a Will Is Successfully Contested?

Outcome 1: Will Declared Invalid

The will becomes void. The estate is distributed according to an earlier valid will or under intestacy rules. For England and Wales: spouse inherits first £322,000 plus half the remainder (if children). Children share the other half.

Outcome 2: Inheritance Act Claim Succeeds

The will remains valid but the court orders provision: lump sum, property transfer, periodical payments, or combination.

Outcome 3: Proprietary Estoppel Succeeds

The court enforces the promise made by the deceased, tailored to remedy the detriment suffered.

Outcome 4: Settlement (Most Common)

Parties compromise. Distribution adjusted by agreement. Settlement filed with court, costs shared or paid from estate.

Claim Type Best Outcome Typical Outcome Costs Impact
Validity challenge Earlier will honored 100% 60-80% of entitlement 10-20% lost to costs
Inheritance Act (spouse) 40-60% of estate 30-50% of estate 15-25% lost to costs
Inheritance Act (child) 20-40% of estate 10-25% of estate 20-30% lost to costs
Settlement 50-70% of claim 30-50% of claim Split between parties

Timeline: validity challenges 6-18 months, Inheritance Act claims 8-14 months, settlements 3-9 months.

Alternatives to Court: Mediation and Settlement

Mediation offers a faster, cheaper route. Cost: £1,000-£3,000 total versus £40,000-£100,000 for trial. Timeline: 1-2 sessions over weeks versus 12-18 months for trial. Success rate: 60-70% of mediated disputes settle.

How It Works: Both parties agree to mediation, select a neutral mediator, submit position statements, mediator facilitates discussion. If agreement reached, terms documented in legally binding contract.

Costs: Mediator fees £1,000-£3,000 (split), plus £1,000-£2,000 per party for solicitors. Total per party: £2,000-£5,000.

Court Penalties: If you unreasonably refuse mediation, the court may penalize you on costs even if you win at trial.

How to Protect Your Will from Being Contested

Prevention is better than fighting a contest. Common reasons wills are challenged: lack of capacity, undue influence, execution failures, ambiguous terms, inadequate provision for dependents.

10 Ways to Protect Your Will:

  1. Use Professional Will-Writing Services: WUHLD guides you through legal requirements with built-in checks
  2. Have Capacity Assessment: GP assessment on signing day if elderly or unwell
  3. Use Independent Witnesses: Never use beneficiaries—under Section 15, this voids their gifts. Both witnesses present simultaneously
  4. Document Your Reasons: Write a letter of wishes explaining decisions
  5. Avoid Last-Minute Changes: Don't make sudden changes close to death
  6. Involve Family Early: Discuss plans to manage expectations
  7. Make Adequate Provision: Ensure spouse, children, dependents receive reasonable provision
  8. Store Will Safely: Store with solicitor, register with National Will Register
  9. Review Regularly: Update after major life events, review every 3-5 years
  10. Address Concerns Directly: Don't rely on "no contest" clauses (rarely effective in UK)

High-Risk Situations:

  • Unequal distributions: Explain in letter of wishes
  • Excluding a child: High Inheritance Act risk—explain clearly
  • Favoring carer/new partner: Highest risk—need independent legal advice and capacity assessment
  • Dementia/declining capacity: Act quickly, get medical assessment

Creating a legally sound will with WUHLD costs £99.99. Fighting a contest costs £40,000-£100,000, takes 12-18 months, and destroys family relationships.

Frequently Asked Questions

Q: What are the grounds for contesting a will in the UK?

A: The main grounds are lack of testamentary capacity, undue influence, improper execution, lack of knowledge and approval, fraud, forgery, and fraudulent calumny. You can also claim under the Inheritance Act 1975 if the will fails to provide reasonable financial provision.

Q: How long do I have to contest a will in the UK?

A: For Inheritance Act claims, six months from grant of probate (strict). For validity challenges, no statutory limit but enter a caveat before probate and challenge within 6-12 months. Delay can be fatal.

Q: How much does it cost to contest a will in the UK?

A: Settlements: £5,000-£15,000. Court cases: £15,000-£40,000. Trials: £60,000-£100,000+. If you lose, you pay your own costs plus potentially the other side's costs. No Win, No Fee available for strong cases.

Q: What is the success rate of contesting a will?

A: Only 3-5% that reach court succeed in overturning the will. However, 50% settle before trial. Capacity challenges: 22-35% with strong evidence. Undue influence: 10-15%.

Q: Can I contest a will if I'm not mentioned in it?

A: Yes, if you qualify under the Inheritance Act 1975 as spouse, civil partner, cohabitee (2+ years), child, or dependent. You can also challenge validity if you were a beneficiary in an earlier valid will.

Q: What is testamentary capacity and how is it challenged?

A: Mental ability to make a valid will under Banks v Goodfellow (1870). Testator must understand they're making a will, know their property, comprehend who should benefit, have no mental disorder affecting judgment. Challenges require medical evidence.

Q: What happens if a will is successfully contested?

A: If declared invalid, estate distributed per earlier valid will or intestacy rules. If Inheritance Act succeeds, will stays valid but court orders provision through lump sums, property transfers, or periodical payments.

Q: Who pays the legal costs when contesting a will?

A: Usually the losing party pays the winning party's costs. If you lose, you face your own costs plus the other side's costs (potentially £50,000-£100,000 total). In settlement, costs are negotiated.

Q: Can beneficiaries who witnessed a will inherit?

A: No. Under Section 15 of the Wills Act 1837, if a beneficiary or their spouse witnesses a will, that beneficiary's gift becomes void. The rest remains valid.

Q: Should I enter a caveat, and how does it work?

A: A caveat stops probate for six months, giving you time to investigate. Costs £3, can be entered online at GOV.UK. Executor can issue a "warning" requiring response within 14 days. Doesn't commit you to litigation but preserves your position.

Conclusion

Contesting a will is legally possible but practically difficult, emotionally draining, and financially risky. While thousands dispute wills annually, only 3-5% of court cases succeed in completely overturning wills. Approximately 50% settle before trial for 30-60% of the claimed amount, with legal costs consuming 20-40% of any award.

If you're considering contesting a will:

  • Act quickly—time limits are strict (six months for Inheritance Act)
  • Seek specialist legal advice within days
  • Assess prospects realistically with a contentious probate solicitor
  • Consider mediation before expensive litigation
  • Understand costs can reach £40,000-£100,000
  • Only proceed if you have strong grounds and clear evidence

If you're creating or updating your will:

  • Professional, legally compliant drafting is essential
  • Poorly drafted wills cost families tens of thousands in legal fees
  • Proper execution, capacity evidence, and clear reasoning protect your wishes
  • Independent witnesses and adequate provision prevent most challenges

Need Help with Your Will?

The statistics in this guide show how disputed wills lead to family conflict, enormous legal costs, and years of stress.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

Sources:

Legislation:

Government Guidance:

Consumer Guidance:

Case Law:

  • Banks v Goodfellow (1870) - Testamentary capacity test
  • Clitheroe v Bond (2023) - Confirming Banks v Goodfellow remains current test
  • Thorner v Major [2009] UKHL 18 - Proprietary estoppel