Contesting a Will in the UK (2026): Legal Grounds, Time Limits & How to Challenge
Quick answer
You can contest a will in England and Wales on five grounds: lack of testamentary capacity, undue influence, improper execution, lack of knowledge and approval, or fraud/forgery. Dependants can also bring an Inheritance Act 1975 claim within 6 months of probate. Contested wills cost £10,000–£100,000+ to litigate. A properly executed, up-to-date will with a letter of wishes is the best protection against challenge.
The 5 grounds for contesting a will in England and Wales
Ground 1: Lack of testamentary capacity
The testator must have been of 'sound mind, memory and understanding' when they signed the will (Banks v Goodfellow [1870]). This means they must have understood: the nature of making a will; the extent of their estate; who might reasonably expect to benefit; and the effect of the document. Medical evidence of dementia, Alzheimer's, or severe mental illness around the time of signing is the most common basis for this ground.
Ground 2: Undue influence
If someone pressured or coerced the testator to make a will that did not reflect their true wishes, the will can be challenged. The influence must go beyond persuasion or moral pressure — it must override the testator's free will. This is one of the hardest grounds to prove because direct evidence of coercion is rarely available. Courts look at circumstantial evidence: isolation from family, dependency on a carer who benefits, late-life changes to the will.
Ground 3: Improper execution
Under section 9 of the Wills Act 1837, a will must be: in writing; signed by the testator; and witnessed by two adults who are present at the same time and sign in the testator's presence. If any step was missed — one witness left the room, the testator's signature was guided without proper understanding, or a beneficiary witnessed — the will may be invalid. Execution defects are one of the most common grounds for failed DIY wills.
Ground 4: Lack of knowledge and approval
Even if the testator had capacity, they must have known and approved the specific contents of the will. Suspicious circumstances — a major beneficiary who drafted the will; a will made by a frail testator shortly before death with an unusual change of distribution; a will in a language the testator did not speak well — shift the burden to the propounder of the will to prove the testator understood what they signed.
Ground 5: Fraud or forgery
A will procured by fraud (e.g. deceiving the testator about the contents) or a forged will can be challenged and declared invalid. Handwriting experts, witness statements, and bank records are typically used as evidence. Forgery is a criminal offence as well as a civil ground for challenge.
The Inheritance Act 1975: a separate route for dependants
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can apply to court for "reasonable financial provision" even if the will is technically valid. This is not a challenge to the will's validity — it is a claim that the will (or intestacy) failed to make adequate provision.
Eligible applicants include:
- Surviving spouses and civil partners (full maintenance standard)
- Former spouses/civil partners who have not remarried (maintenance standard)
- Cohabitants who lived with the deceased for at least 2 years immediately before death (maintenance standard)
- Children of the deceased — including adult children (maintenance standard)
- Any person maintained by the deceased immediately before death
Critical time limit: An Inheritance Act claim must be made within 6 months of the Grant of Probate. This is a strict deadline. Courts have discretion to allow late claims, but permission is rarely granted and requires compelling reasons.
Who can contest a will? (standing)
| Who | Grounds available |
|---|---|
| Beneficiary under the current will | All validity grounds; Inheritance Act if dependant |
| Beneficiary under an earlier will | All validity grounds — if will is invalid, earlier will may revive |
| Person who would inherit on intestacy | All validity grounds — inherit if will is struck down |
| Surviving spouse / civil partner | Validity grounds + Inheritance Act 1975 |
| Cohabitant (2+ years) | Inheritance Act 1975 only (not a validity challenge on its own) |
| Adult child or stepchild | Inheritance Act 1975 (maintenance standard) |
| Creditor of the estate | Limited — can challenge administration but not the will's validity |
| Friend / stranger with no financial interest | No standing — cannot bring a claim |
How to start contesting a will: the caveat
If you believe a will should be challenged, the first practical step is to enter a caveat at the Probate Registry. A caveat:
- Costs £3 and can be submitted online or by post
- Prevents a Grant of Probate being issued for 6 months
- Can be renewed if more time is needed to investigate
- Gives you time to obtain medical records, instruct a solicitor, and assess the evidence
Do not enter a caveat without genuine grounds — frivolous use can result in a costs order against you. The executor can issue a "Warning" requiring you to formally set out your interest, and if you cannot, the caveat is removed.
How much does contesting a will cost?
Mediation
Under £5,000
For both parties. Resolves ~70% of contested estates. Strongly recommended as a first step.
Solicitor negotiation
£10,000–£30,000
Letters of claim, without trial. Most cases settle at this stage.
Full trial
£30,000–£100,000+
18–24 months to judgment. Loser typically pays both sides' costs.
The "loser pays" principle applies in most contested probate cases — if you challenge a will and lose, you may be ordered to pay the estate's legal costs in addition to your own. Assess the merits carefully before committing to litigation.
How to make your own will harder to challenge
If you are writing or updating a will, the steps below significantly reduce the risk of a successful challenge:
- Use two independent witnesses — neither can be a beneficiary, their spouse, or civil partner. Both must be present at the same time when you sign (Wills Act 1837, s.9).
- Get a capacity assessment if there is any doubt — a GP or solicitor can record that you had testamentary capacity on the day the will was signed. This is especially important if you have a health condition or are making an unusual gift.
- Write a letter of wishes — a non-binding document that explains why you made the decisions you did. A beneficiary who did not receive what they expected is far less likely to challenge if they understand your reasoning.
- Keep your will up to date — a will that is years out of date is more vulnerable to claims that it no longer reflects your wishes. Review it after every major life event.
- Avoid beneficiaries drafting the will — if a person who benefits substantially also drafted or helped prepare the will, the court will scrutinise it far more closely under the "knowledge and approval" ground.
WillSafe UK's Essentials Bundle (£89.99) includes a will template, a Letter of Wishes template, and an Executor Guide — the three documents that together make a will most defensible.
Frequently asked questions
What are the grounds for contesting a will in the UK?▼
The five main grounds are: (1) lack of testamentary capacity — the testator did not understand what they were signing; (2) undue influence — someone coerced them; (3) improper execution — the will was not correctly signed and witnessed; (4) lack of knowledge and approval — the testator did not understand the will's contents; and (5) fraud or forgery. A separate route is an Inheritance Act 1975 claim by a dependant who was not adequately provided for.
Who can contest a will in England and Wales?▼
People with standing include: beneficiaries under the will; beneficiaries under an earlier will; people who would inherit under intestacy rules if the will is invalid; and certain dependants who can bring an Inheritance Act 1975 claim (spouse, civil partner, cohabitant of 2+ years, children, step-children treated as children of the family). Friends or strangers with no financial interest generally have no standing.
What is the time limit for contesting a will UK?▼
For validity challenges (capacity, undue influence, fraud, execution), the Limitation Act 1980 technically allows 12 years for personal estate claims, though delay weakens cases. For Inheritance Act 1975 claims (reasonable financial provision), the deadline is strictly 6 months from the date the Grant of Probate is issued. Miss this deadline and you need court permission to proceed — which is rarely granted.
How much does it cost to contest a will in the UK?▼
Contested probate litigation is expensive. Costs range from £10,000–£30,000 for a relatively simple dispute to £100,000+ for complex trials. Mediation typically costs under £5,000 for both parties and resolves most cases. If you lose, you may be ordered to pay the other side's costs. Most solicitors offer initial advice on a fixed-fee or free basis to assess the merits before committing to litigation.
What is a caveat and how does it stop probate?▼
A caveat is a notice entered at the Probate Registry (fee: £3) that prevents a Grant of Probate being issued for 6 months. This gives a potential challenger time to investigate their claim and gather evidence. The caveat can be renewed if more time is needed. It should only be used if you have genuine grounds to contest — using one frivolously can result in a costs order.
What is an Inheritance Act 1975 claim?▼
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can apply to court for 'reasonable financial provision' from an estate even if the will (or intestacy) did not provide for them adequately. Eligible applicants include spouses, civil partners, cohabitants of 2+ years, children, and anyone financially maintained by the deceased. The claim must be made within 6 months of the Grant of Probate.
How do I make my will harder to contest?▼
Key steps: (1) have the will professionally witnessed with two independent adults present at the same time; (2) if there is any doubt about your capacity or family pressure, ask a solicitor to record a capacity assessment at the time of signing; (3) write a letter of wishes explaining your reasoning for unusual distributions; (4) keep the will up to date and re-execute it after major life events; (5) avoid DIY wills with defective execution (e.g. beneficiaries witnessing, unsigned pages).
Write a will that stands up
Properly executed and up to date, a WillSafe UK will kit creates a legally valid will in England and Wales. Add a Letter of Wishes to explain your decisions — the two documents together are your best defence against challenge.
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This article is for general information only and does not constitute legal advice. Contested probate is a specialist area of law — if you believe you have grounds to challenge a will, consult a solicitor experienced in contentious probate before taking action. WillSafe UK is not a firm of solicitors. Last reviewed 12 May 2026.