Even if you have genuine concerns about whether or not a will reflects the deceased person's wishes, the law in England and Wales sets out strict rules about who can bring a claim, and what circumstances can give rise to a valid challenge. If you are in this position, you might be worried about whether you have any rights at all, or whether taking action will only make things harder. However, understanding how the process of challenging a will works is the first step towards deciding what legal steps you can take next.

In this blog, the contentious probate experts at Switalskis explain who can contest a will, what legal grounds might be relevant, and what time limits apply when making your claim.

Who has the right to contest a will?

 It is only possible to challenge someone’s will under particular circumstances. To bring a claim, you must have what the law calls legal standing. This means you have a genuine interest in the estate or inheritance and can show the court you are directly affected by the outcome.

The following people are typically entitled to contest a will, provided they have the relevant legal grounds:

• Beneficiaries named in the will
  If you are an intended beneficiary under the most recent valid version of the will, you can challenge it if you believe it is invalid or was not properly signed.
• Beneficiaries under an earlier will
  If you were included in a previous version of a will that you think was replaced improperly or under suspicious circumstances, you may have grounds for contesting it.
• People entitled under intestacy rules
  If there is no valid will or the will is deemed invalid, the estate is distributed under strict rules set out by the intestacy laws. Close family members, such as children, spouses or civil partners, are prioritised in these circumstances.
• Individuals who were financially dependent on the deceased
  If you relied on the deceased for maintenance, you may be able to claim reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
• Spouses, civil partners and, in some cases, former spouses or ex-civil partners
  These groups have specific rights to apply for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 if they were left out or not adequately provided for.

If you’re unsure whether you have the right to contest a will, you should seek advice from a solicitor as early as possible to clarify your position.

What are the legal grounds for contesting a will?

You can’t challenge a will simply because you don’t agree with it. A will is presumed valid unless there is strong evidence to the contrary. To contest a will, you must show that there are recognised legal grounds for challenging the document. These might include:

• Lack of testamentary capacity
  The person making the will was not of sound mind or did not have sufficient mental capacity to understand the nature and effect of what they were signing.
• Undue influence or coercion
  Someone applied undue influence or pressure, meaning the will was not made of the deceased’s own free will.
• Lack of valid execution
  The will wasn’t properly signed by the person making it and witnessed by at least two witnesses in line with the Wills Act 1837.
• Fraud or forgery
  The will or the deceased’s signature was falsified, or the will writer was misled about the deceased’s wishes.
• Lack of knowledge and approval
  The deceased lacked understanding of what the will said or didn’t approve the content - for example, because they were illiterate and could not read the document.

If you suspect any of these issues, you should look to gather evidence as soon as you can. When you engage a solicitor, they will help you consolidate what you have collected and identify any further information that will be needed to create a compelling case, such as medical records, will-writing files, witness statements and correspondence.

What is an Inheritance Act claim?

Not every claim involves disputing whether the will is valid or not. Sometimes, the dispute is about whether someone has received reasonable financial provision.

A claim under the Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply for financial provision if the will or intestacy rules fail to provide fairly for them.

You may be eligible to bring such a claim if you are:

• A spouse or civil partner of the deceased.
• A former spouse or ex civil partner who hasn’t remarried or entered a new civil partnership.
• A child or someone treated as a child of the family.
• A person who was financially dependent on the deceased.

It’s important to remember that Inheritance Act claims must usually be issued within six months of the grant of probate, and late claims are only accepted in limited circumstances.

When should you seek legal advice?

It’s always best to seek legal advice early. Beyond the time limits that apply to some claims, important evidence - such as medical records or letters - can disappear or be harder to access over time.

An experienced legal team can help you:

• Check whether you have legal standing and whether your circumstances meet the legal grounds for contesting someone’s will.
• Understand the strength of your particular claim, and any potential risks.
• Identify evidence, such as witness statements, will-writing records and professional assessments of testamentary capacity.
• Explore alternative dispute resolution to try and settle the dispute without court proceedings.

In our experience, most inheritance disputes settle before trial, but preparation from the outset improves the chances of a fair outcome.

Working with a solicitor

Once you’ve decided to contest a will, your contested probate solicitor at Switalskis will step in to guide you through the process. In many cases, this starts with exploring whether the dispute can be resolved informally. Mediation and other forms of dispute resolution can help avoid court proceedings and keep matters as constructive as possible.

If an agreement isn’t reached, your solicitor will prepare a formal claim, making sure all necessary evidence has been gathered. As the claim progresses, you’ll need to comply with any directions from the probate registry or the court, such as deadlines for submitting documents or attending hearings. We will take care of the majority of this work, so you won't have to manage anything alone.

Our experienced contested probate solicitors have guided many clients through the complexities that follow when a will is challenged. We understand how stressful it can feel to question a loved one’s wishes or enter a dispute with family members, and we’ll work with you to protect your interests and help you make clear and informed decisions at every stage.

If you believe you have grounds to contest a will or you’d like tailored advice about your situation, call Switalskis on 0800 138 0458 or get in touch through our website to speak to a specialist solicitor.