Finding out that a will doesn’t reflect what you expected, or what you believe your loved one would have wanted, can be distressing on top of an already difficult time. Not every will that comes as a surprise can be successfully challenged, but where there are genuine concerns about how it was made, the law does provide ways to contest it. Knowing the grounds, the process and the time limits involved is an important first step.
Who can contest a will?
Generally, a will can be challenged by anyone with a financial interest in the outcome, including beneficiaries under the will, beneficiaries under an earlier will, and those who would inherit under the intestacy rules if the will were found to be invalid.
What are the grounds for contesting a will?
- Lack of testamentary capacity: the person making the will did not understand what they were doing, the extent of their estate, or who might reasonably expect to benefit
- Lack of knowledge and approval: the person did not properly understand or approve the contents of the will at the time it was signed
- Undue influence: the person was pressured or coerced into making a will that did not reflect their true wishes
- Fraud or forgery: the will, or a signature on it, was not genuine
- Improper execution: the will was not signed and witnessed correctly under the Wills Act 1837
Making a claim for reasonable financial provision
Separately from challenging the validity of a will itself, certain people, including spouses, civil partners, children and financial dependants, may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if the will, or the intestacy rules, doesn’t make reasonable financial provision for them. This is a different type of claim: it doesn’t argue the will is invalid, only that it doesn’t provide fairly for the person bringing the claim.
How does the process work?
If you have concerns about a will, it’s often possible to lodge a caveat at the Probate Registry, which prevents a grant of probate being issued while the dispute is resolved. From there, most cases proceed through correspondence between solicitors, and often mediation, before reaching court. Contested probate cases can usually be resolved without a trial, though this depends on how willing the parties are to reach a compromise.
Are there time limits?
There’s no fixed time limit for challenging the validity of a will, but acting quickly matters, particularly if the estate is close to being distributed, since it becomes much harder to unwind matters afterwards. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 do have a strict time limit: they must generally be brought within six months of the date the grant of probate is issued, although the court has some discretion to allow a late claim in limited circumstances.
Frequently Asked Questions About Contesting a Will
How much does it cost to contest a will?
Costs vary depending on how the dispute is resolved, and many cases settle without reaching trial. It’s worth discussing funding options with your solicitor at the outset, including whether a no win, no fee arrangement might be available.
Can I contest a will after probate has already been granted?
It’s still possible in some circumstances, but it becomes more difficult, particularly if the estate has already been distributed. This is why it’s important to act quickly if you have concerns.
What happens if a will is successfully contested?
If a will is found to be invalid, the estate is usually distributed under an earlier valid will, or, if there isn’t one, according to the intestacy rules.
Is mediation available for contested probate cases?
Yes, and it’s often encouraged. Mediation can help families resolve disputes more quickly, at lower cost, and with less damage to relationships than court proceedings.
How Oliver & Co Solicitors Can Help
At Oliver & Co, we are an Employee Ownership Trust, which means our team is genuinely invested in delivering a high-quality, personal service. Our Dispute Resolution and Litigation team regularly advises executors and beneficiaries on contested wills, and can assess whether you have grounds for a claim, explain the process clearly and support you every step of the way. Contact us today on 01244 312306, email law@oliverandco.co.uk or complete our Contact Form to find out how we can help.
