When you lose someone close, the last thing you expect is to become involved in a legal dispute over their estate. Yet for many families, inheritance disputes arise unexpectedly in these circumstances. It may be because a will seems out of character, incomplete or improperly executed. You may be worried the document doesn’t reflect the deceased’s wishes, or that a loved one was pressured into signing something under undue influence.

It’s natural to feel hesitant about challenging a will, especially in a time of grief or where beneficiaries may be upset about the decision. But understanding your legal rights and the grounds for contesting is the first step towards protecting your interests and respecting the true wishes of the deceased.

This guide offers practical advice on how to contest a will, the process your solicitor will follow and the evidence you may need to support your claim.

When might you need to contest a will?

People consider challenging a loved one’s will for many reasons, although you must rely on legal grounds to do so. Some of the most common situations include:

• You suspect the person making the will (known as the testator) lacked testamentary capacity and didn’t have sufficient mental capacity to understand what they were signing.
• You believe the will was signed under undue influence or pressure from someone else.
• The will was not properly executed in line with the Wills Act; for example, because there weren’t at least two witnesses.
• You relied on the deceased financially and haven’t received reasonable financial provision under the will or intestacy rules.
• You suspect fraud or that the document is not genuine.

If you have doubts about the validity of the will, it’s wise to seek advice before any estate assets are distributed or decisions are finalised. A conversation with a solicitor early on will help you understand whether your concerns could form the basis of a claim and what steps are open to you.

Who has the right to contest a will?

You can’t challenge a will simply because you don’t agree with it. As well as legal grounds for the challenge, you must have what the law calls legal standing, meaning you have a genuine interest in the outcome.

Typically, you may be entitled to contest a will if you are:

• A beneficiary named in the will.
• A beneficiary under an earlier will that might otherwise apply.
• Someone who would inherit under intestacy rules if there were no valid will.
• A person who was financially dependent on the deceased.
• A spouse or civil partner of the deceased.

Understanding your position is important, as legal standing forms the basis of any claim you choose to pursue.

What are the legal grounds for contesting a will?

A will is presumed valid unless there is strong evidence to the contrary. To succeed, your solicitor must show that recognised legal grounds apply. The most common grounds include:

Lack of testamentary capacity

The person making the will did not have sufficient mental capacity to understand the document’s effect. For example, dementia or serious illness may have meant that the testator couldn’t properly comprehend what they were signing.

Undue influence or coercion

Someone used pressure or manipulation - called undue influence - to make the testator change their wishes.

Lack of valid execution

The will wasn’t signed and witnessed correctly. Under the Wills Act, a valid will must:

• Be in writing.
• Be signed by the testator.
• Be witnessed by at least two people present at the same time who are not beneficiaries or married to beneficiaries.

If any of these requirements are not met, the will may be declared legally invalid and overturned.

Lack of knowledge and approval

The deceased didn’t fully understand or approve the contents of the will - perhaps because they could not read, and someone else prepared the document for them.

Revocation by a later will or destruction

A more recent will exists, or the deceased destroyed the will intending to cancel it.

Fraud or forgery

You suspect the will or the testator’s signature was falsified, or the person preparing the document was misled about the deceased’s intentions.

Each of these grounds has its own legal requirements and standards of evidence that must be met. Taking time to speak to a solicitor and understanding what applies in your situation can give you more confidence about whether your concerns are well-founded, and how best to approach them.

Inheritance Act claims

If you were financially dependent on the deceased or have been left without reasonable financial provision, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This isn’t the same as contesting the will, and the rest of the provisions will still be followed, although they may be varied by the court.

You could be eligible if you are:

• A spouse or civil partner.
• A former spouse or civil partner who hasn’t remarried.
• A child or someone treated as a child of the family.
• Anyone who was maintained by the deceased.

Inheritance Act claims must normally be issued within six months of the grant of probate, so it’s important not to delay.

Time limits and deadlines

Time limits depend on the nature of your claim:

• Inheritance Act claims must usually be made within six months from the date probate is granted.
• Challenges to validity have no fixed deadline, but you should act as soon as possible to prevent the estate being distributed.

You shouldn’t delay making a claim. As time passes, gathering clear evidence becomes more challenging, and once an estate has been distributed, it can be much harder to recover assets and possessions.

Do I need a solicitor to contest a will?

It’s possible to start a claim on your own, but challenging a will is rarely straightforward. Strict rules govern what evidence you need, who can bring a claim and how court proceedings unfold. If deadlines are missed or documents aren’t prepared correctly, you could lose the chance to pursue your case, even if the evidence itself is compelling.

Having a solicitor experienced in contesting wills on your side gives you the best chance of presenting clear evidence and making sure the deceased's true final wishes are respected.

What is the process of contesting a will?

When you contest a will, the process generally involves:

1. Seeking expert legal advice
   Your solicitor will help you confirm whether you have standing, assess your case and explain the potential outcomes.
2. Gathering evidence
   This may be something you do before you speak to a solicitor. Once on board, they will look at your case in more detail to find any gaps, and explore avenues you may not have thought about. This can include collecting:
1. Medical records showing the testator’s mental capacity.
2. Witness statements.
3. Copies of earlier wills.
4. Will-writing records or letters.
3. Entering a caveat
   This is a formal notice lodged at the Probate Registry to prevent the grant of probate while your claim is investigated. If you started speaking to a solicitor before the grant of probate was issued, this is a straightforward way to halt the process. Otherwise, it may be necessary to apply to the court for a court order to pause the probate process.
4. Pre-action discussions
   At Switalkskis, we settle many contested wills at this point. In a lot of cases, the prospect of legal action - and its potential to strain relationships and eat into the inheritance - is enough to focus minds on an agreeable solution.
5. Issuing a formal claim
   If no agreement is reached, your solicitor will prepare and file a claim form and supporting evidence.
6. Court proceedings
   Both sides exchange evidence, attend hearings and a judge decides the outcome.

How Switalskis can help

At Switalskis, our experienced contentious probate solicitors understand how sensitive and emotionally draining these disputes can be. We’ll help you:

• Decide if you have a valid claim.
• Gather strong evidence, and create a strong argument for your position.
• Protect your rights and interests at every stage of the process.
• Work towards a just resolution that means you are fairly compensated, and the deceased person's final wishes are truly represented.

Whether your concern is undue influence, lack of testamentary capacity, or reasonable financial provision, our experienced lawyers can help.

Get in touch

If you’d like advice about contesting a will, or you’re unsure where to start, get in touch with us today on 0800 138 0458 or contact us online and we will get back to you at a suitable time.