Contesting a will means formally challenging whether a will is valid, or claiming that an estate has not made reasonable provision for someone who depended on the person who died. In England and Wales both routes run to strict deadlines, so acting quickly matters.
The two are different in law. A validity challenge argues the will itself should not stand, often on grounds such as lack of mental capacity or undue influence. A claim under the Inheritance (Provision for Family and Dependants) Act 1975 accepts the will but asks the court to change how the estate is shared. This guide explains both, who can bring them, and the tight time limits that apply. Figures are current as at June 2026 and are subject to change.
What does contesting a will mean?
Contesting a will is challenging either its validity or the way it distributes an estate. A validity challenge says the document should not take effect at all, for example because the person lacked capacity or was pressured. A separate type of claim, under the 1975 Act, accepts the will but argues it failed to provide reasonably for a spouse, child or dependant. The right route depends on the facts and on who is bringing the challenge.
Who can contest a will?
Broadly, someone needs a recognised interest in the estate to challenge a will. That usually means a person named in the current or an earlier will, a close relative who would inherit under the intestacy rules, or someone the deceased was maintaining. To enter a caveat that pauses a probate application, a person must be at least 18 (gov.uk, as at June 2026, subject to change). Standing for a 1975 Act claim is a separate, narrower question covered below.
- Beneficiaries. People named in the disputed will or a previous version of it.
- Family under intestacy. Relatives who would inherit if the will fell away and the intestacy rules (gov.uk, as at June 2026) applied instead.
- Dependants. People the deceased was supporting, who may have a claim for reasonable provision.
The main legal grounds for challenging a will
A validity challenge in England and Wales generally rests on one of a small number of recognised grounds. In practice, most disputes turn on whether the person understood what they were signing, whether they were pressured, and whether the will was signed and witnessed correctly. Each ground carries a real evidential burden, and suspicion on its own is rarely enough to succeed.
| Ground | What it means in practice |
|---|---|
| Lack of testamentary capacity | The person did not have the mental capacity to understand the will and its effects when they made it. |
| Undue influence | The person was coerced or pressured into making the will, or particular gifts within it. |
| Fraud or forgery | The will, or a signature on it, was faked, or the person was deceived into signing. |
| Want of due execution | The will was not signed and witnessed in the way the law requires, so it may not be valid. |
| Lack of knowledge and approval | The person did not truly know and approve the contents of the will they signed. |
These are the commonly recognised validity grounds in England and Wales. General framing; the outcome of any challenge depends on the evidence and individual circumstances.
Claims under the 1975 Act
A claim under the Inheritance (Provision for Family and Dependants) Act 1975 does not say the will is invalid. Instead it argues the estate failed to make reasonable financial provision for a particular person, and asks the court to adjust the share. Spouses and civil partners, former spouses who have not remarried, children, and certain dependants can fall within the categories able to apply (legislation.gov.uk, Inheritance (Provision for Family and Dependants) Act 1975).
A validity challenge asks whether the will should stand at all. A 1975 Act claim accepts the will, then asks whether the result is fair to someone left out or left short.
These claims can also arise where there was no will and the intestacy rules produced an outcome that left a dependant without reasonable provision. Because the categories, the factors the court weighs, and the evidence involved are detailed, this is an area where many people choose to take advice from a solicitor before acting.
Time limits: why speed matters
Deadlines are one of the most important features of inheritance disputes. A 1975 Act claim generally must be made within six months of the date a grant of representation is first taken out, and the court will only allow a later claim with permission (legislation.gov.uk, 1975 Act s.4, as at June 2026, subject to change). A caveat, which pauses a probate application while a validity concern is looked into, lasts six months and can be extended for a further six months (gov.uk, as at June 2026, subject to change).
How an inheritance dispute usually works
Most disputes do not begin with a trial. They tend to start with early enquiries and, where appropriate, steps to pause the process, before moving through correspondence and often mediation. Court proceedings are generally a later stage, and many disputes settle before they reach a final hearing. The path below is a general outline; the order and steps vary with the facts.
Early enquiries
Gathering the will, medical records and evidence, and identifying who has standing to act.
Pausing probate
Where there is a validity concern, a caveat can pause a probate application while matters are examined.
Correspondence and mediation
Parties set out their positions, and many disputes are resolved through negotiation or mediation.
Court, if needed
If no agreement is reached, a claim may proceed to court, though many still settle before a final hearing.
Costs vary widely with the complexity of the dispute and how far it goes, and they can be significant. Because both the process and the potential expense depend heavily on the facts, this is an area where taking early advice from a solicitor can help clarify whether a claim is worth pursuing and what it might involve.
Reducing the risk of a dispute
Careful drafting during a person's lifetime can lower the chance of a challenge later, though it cannot rule one out. Clear instructions, proper witnessing, a note of the reasons behind decisions, and, where capacity might be questioned, a contemporaneous assessment can all help a will stand up to scrutiny. Reviewing arrangements after major life events matters too, since an out-of-date will is a common source of conflict.
- Have the will drafted and witnessed correctly, following the formal requirements.
- Keep a record of the reasons for leaving someone out or treating beneficiaries differently.
- Where capacity could later be questioned, consider a capacity assessment at the time of signing.
- Review the will after marriage, divorce, a new child, or a significant change in assets.
Our How to Write a Will guide covers the formalities in more detail, and the wider estate planning guide explains how a will sits alongside trusts and lasting powers of attorney. Understanding what probate involves also helps make sense of where a caveat fits into the process.
Disputes in Scotland and Northern Ireland
This guide describes the law of England and Wales. The other UK nations differ. Scotland has its own succession law, including legal rights that can entitle a spouse and children to a fixed share of an estate regardless of the will, and it uses confirmation rather than a grant of probate. Northern Ireland has a separate system that is broadly similar to England and Wales but not identical. If an estate touches more than one jurisdiction, it can be worth taking advice in each.
Frequently asked questions
Who can contest a will in the UK?
Generally, someone with a recognised interest in the estate can challenge a will, such as a beneficiary named in the current or a previous will, a relative who would inherit under intestacy, or a dependant the deceased was supporting. To enter a caveat pausing a probate application, a person must be at least 18. Whether a particular person has standing depends on the facts, so this is often worth checking with a solicitor.
What are the grounds for contesting a will?
The commonly recognised grounds in England and Wales are lack of testamentary capacity, undue influence, fraud or forgery, want of due execution, and lack of knowledge and approval. Separately, a claim under the 1975 Act does not challenge validity but argues the estate failed to provide reasonably for a spouse, child or dependant. Each route carries a real evidential burden, and suspicion alone is rarely enough.
How long do I have to contest a will?
Time limits are strict. A claim for reasonable financial provision under the 1975 Act generally must be made within six months of the grant of representation being taken out, and the court allows later claims only with permission (legislation.gov.uk, as at June 2026, subject to change). A caveat pausing a probate application lasts six months and can be extended once. Because these windows run quickly, many people seek advice early.
What is a caveat and how does it work?
A caveat is a formal notice that pauses a probate application while a concern about a will is examined, for example a dispute over who can apply or whether the will is valid. It lasts six months at first and can be extended for another six months (gov.uk, as at June 2026, subject to change). Entering one can lead to legal action and costs, so gov.uk suggests trying to reach agreement first.
How much does it cost to contest a will?
Costs vary widely depending on the complexity of the dispute and how far it proceeds, from early correspondence through mediation to a full court hearing, and they can be substantial. A fixed figure is rarely meaningful without knowing the facts. Many disputes settle before trial. It can be worth discussing the likely costs and prospects with a solicitor before deciding whether to pursue a claim.
Can I contest a will if there was no will at all?
If there is no valid will, the intestacy rules decide who inherits, and unmarried partners receive nothing under those rules (gov.uk, as at June 2026, subject to change). A dependant left without reasonable provision by the intestacy outcome may still be able to bring a claim under the 1975 Act. The categories and time limits are detailed, so advice from a solicitor is often sensible.
Does contesting a will always go to court?
Not always. Many inheritance disputes are resolved through correspondence and mediation, and a large share settle before reaching a final hearing. Court proceedings are generally a later stage rather than a starting point. That said, the path depends on the facts and on whether the parties can agree, so the possibility of court cannot be ruled out at the outset.