The sections below set out both routes, the recognised grounds, the process from caveat to court, the deadlines, and who usually pays. Fairchild Oldfield are estate planning specialists and will writers, not solicitors, so this is general guidance; a contested probate matter needs a solicitor who litigates these claims. Figures are current as at August 2026 and subject to change.
What does it mean to contest a will?
Contesting a will means formally challenging it after someone has died, either by disputing that the will is legally valid, or by claiming that a valid will (or the intestacy rules) fails to make reasonable financial provision for you. The first attacks the document itself. The second accepts the document but asks the court to adjust what you receive.
The distinction matters because it decides who can claim, what you must prove, and how long you have. A validity challenge, if it succeeds, can set the whole will aside. An Inheritance Act 1975 claim leaves the will standing and awards you a share instead.
Who can contest a will?
You can only contest a will if you have a recognised interest. For a validity challenge that usually means beneficiaries under the disputed will or an earlier will, or people who would inherit under intestacy if the will failed. For an Inheritance Act 1975 claim the categories are set by statute.
Under the Inheritance Act 1975, the people who can claim reasonable financial provision are: the deceased's spouse or civil partner; a former spouse or civil partner who has not remarried; a cohabitee who lived with the deceased as a couple for at least two years before death; a child of the deceased (including an adult child); someone treated as a child of the family; and anyone else who was being financially maintained by the deceased immediately before death (Inheritance Act 1975, s.1, as at August 2026).
What are the grounds for challenging a will's validity?
A will's validity can be challenged on several established grounds, each of which the person contesting must prove. Disliking the contents, or being left out, is not itself a ground. The main grounds recognised in England and Wales are set out below.
- Lack of testamentary capacity. The person did not understand that they were making a will, the extent of their estate, or the people they might be expected to provide for (the test in Banks v Goodfellow).
- Undue influence. The will reflects pressure or coercion by another person rather than the free wishes of the person who made it. This must be proved, not merely suspected.
- Lack of knowledge and approval. The person did not know of, or approve, the contents of the will they signed, for example where they were blind, frail or the will was prepared by a beneficiary.
- Improper execution. The will was not signed and witnessed as the Wills Act 1837 requires, such as signing without two witnesses both present at the same time.
- Fraud or forgery. The will, or a signature on it, was forged, or the person was deceived into making or changing it.
- Fraudulent calumny. Someone poisoned the person's mind against a natural beneficiary with lies, causing them to be cut out.
Validity challenge or Inheritance Act 1975 claim?
Before you do anything, work out which route fits your situation, because they are pursued differently and rarely overlap. The table below compares them side by side. If the will is genuine and properly made but leaves you without reasonable provision, an Inheritance Act claim is usually the right route, not a validity challenge.
| Challenging the will's validity | Inheritance Act 1975 claim | |
|---|---|---|
| The question | Is this a valid will? | Does a valid will (or intestacy) provide reasonably for me? |
| Who can bring it | Beneficiaries of this or an earlier will, or those who would inherit on intestacy | Spouse, ex-spouse, cohabitee of 2+ years, child, child of the family, or a maintained dependant |
| You must show | A ground such as lack of capacity, undue influence or improper execution | That the provision made for you is not reasonable in your circumstances |
| Time limit | No fixed statutory limit, but delay can bar a claim; act before the grant if possible | Six months from the grant of probate (extension needs the court's permission) |
| If it succeeds | The will can be set aside; an earlier will or intestacy applies instead | The will stands, but the court awards you a share or a sum from the estate |
How to contest a will, step by step
Contesting a will follows a fairly set order in England and Wales, and most disputes settle long before a trial. Taking the steps in sequence protects both your position and your deadlines, especially the strict Inheritance Act one. Each stage below builds on the last, from getting early advice through to issuing a claim in court.
- Get advice early and gather evidence. Speak to a contentious probate solicitor and collect the will, any earlier wills, medical records, and the will file, before anything is distributed.
- Enter a caveat to pause probate. If a grant has not yet been issued and you are questioning validity, you can enter a caveat for £4. It lasts six months and can be renewed, and it stops a grant being issued while matters are investigated (gov.uk, Stop a probate application, as at August 2026, subject to change).
- Investigate and request the evidence. Your solicitor can ask the will writer or solicitor who prepared the will for their file under the Larke v Nugus practice, which sets out how the will was taken and executed.
- Send a letter of claim. A formal letter to the executors or beneficiaries sets out your grounds and what you want, giving them the chance to respond before court.
- Try mediation or negotiation. Most contested probate disputes settle. Mediation is quicker and cheaper than a trial and is expected by the courts before proceedings.
- Issue court proceedings. If no settlement is reached, a claim is issued. For an Inheritance Act claim this must happen within the six-month window. The court decides on the evidence.
What are the time limits for contesting a will?
Time limits depend entirely on which route you take, and one of them is strict. Missing the Inheritance Act deadline can end a claim before it even starts, so diarise the grant of probate date as soon as you have it. The main limits, and how firm each one is, are set out below.
| Action | Time limit |
|---|---|
| Inheritance Act 1975 claim for reasonable financial provision | Six months from the grant of probate; later only with the court's permission |
| Challenging a will's validity (capacity, undue influence, execution, fraud) | No fixed statutory limit, but long delay and distributed estates can defeat a claim |
| Caveat to stop a grant being issued | Lasts six months, renewable within the last month for a further six |
| Claim against an executor for fraud or recovering estate property | Often no limit for fraud; other claims commonly within twelve years |
General position under England and Wales law as at August 2026; deadlines can turn on the facts, so take advice early. Subject to change.
What does it cost, and who pays?
Costs vary widely with how far a dispute runs. Many are settled through negotiation or mediation for a few thousand pounds; a contested trial can cost tens of thousands, or more, on each side. Who ultimately pays is not automatic, and depends heavily on how the dispute arose and who wins.
The old idea that the estate always pays is out of date. Where a dispute is caused by the person who made the will, or by those with an interest in the estate, costs may come from the estate. But the general rule that the loser pays the winner's costs often applies, and a weak or speculative claim can leave you paying both sides. Some solicitors offer no win, no fee arrangements for stronger cases. Because outcomes turn on the facts, get a costs estimate before you commit.
What people get wrong about contesting a will
From the disputes we see referred on, the same avoidable errors come up again and again. Most trace back to confusing the two routes or missing a deadline. Knowing them early can change the outcome, or save a claim that would otherwise fail before it is properly heard. The five below are the ones that most often cost people their case.
- Confusing the two routes. People try to prove a genuine will invalid when their real complaint is that it does not provide for them. That is an Inheritance Act claim, with a six-month clock.
- Missing the six-month window. The Inheritance Act deadline runs from the grant, not from death or from finding out, and extensions are not guaranteed.
- Waiting until after distribution. Once the estate is paid out, recovering money is far harder. A caveat entered early keeps options open.
- Treating suspicion as proof. Undue influence and lack of capacity must be evidenced, often with medical records and the will file, not asserted.
- Overlooking prevention. Most of these disputes trace back to a homemade or poorly drafted will. A carefully made will reduces the risk of a challenge later.
If your concern is stopping your own will being contested, the fix is upstream: clear drafting, proper execution, and a record of your reasons where you leave someone out. Our guides on how to write a will and making a will without a solicitor cover the steps that keep a will sound, and the wider estate planning guide shows where a will sits in a full plan.