Contesting a Will: A Complete Guide to Challenging a Will in the UK
Contesting a Will: A Complete Guide to Challenging a Will in the UK
Blog Article
Contesting a will in the UK can be an emotionally and legally complex process. Whether you’re an excluded beneficiary or a concerned family member, understanding your rights is crucial. This guide explains how to contest a will, what grounds exist for making a challenge, and the legal procedures you’ll need to follow. If you believe a will is invalid or unjust, it’s essential to act quickly and get expert advice.
At Axis Solicitors, our team of experienced dispute solicitors is here to provide expert legal advice and representation across England and Wales. This guide is designed to empower you with the knowledge to make informed decisions.
Grounds for Contesting a Will in the UK
Contesting a will isn’t just about feeling unfairly treated. UK law recognises specific legal grounds on which a will can be challenged. These grounds are rooted in the principle that a valid will must reflect the free, informed, and voluntary intentions of the person who made it (the “testator”).
Here are the key legal grounds for contesting a will in the UK:
1. Lack of Testamentary Capacity
To make a valid will, the testator must have had the mental capacity to:
- Understand the nature and effect of making a will
- Know the extent of their estate
- Recognise and consider potential beneficiaries
- Not be suffering from any mental illness that distorted their judgment
This is known as the Banks v Goodfellow test. If there’s evidence of dementia, psychiatric illness, or cognitive decline at the time the will was made, it may form the basis for a challenge.
2. Lack of Proper Execution
A will must meet the requirements set out in the Wills Act 1837, which include:
- It must be in writing
- It must be signed by the testator (or someone authorised to sign on their behalf)
- The signature must be made or acknowledged in the presence of two witnesses
- Both witnesses must be present at the same time and sign the will in the presence of the testator
If these conditions are not met, the will may be considered invalid.
3. Undue Influence
If someone exerted pressure on the testator to change their will in a way that does not reflect their true intentions, it may be considered undue influence. This often arises in cases involving:
- Elderly or vulnerable individuals
- Isolated testators who rely on caregivers or family members
- Sudden or unexpected changes in will provisions
Proving undue influence is difficult, as direct evidence is rare. Suspicious circumstances, coercion, or a dominant relationship may help support a claim.
4. Fraud or Forgery
If the will is forged or signed under false pretences, it can be challenged. Common examples include:
- Fake signatures
- Substituted pages or altered clauses
- Wills signed under false information provided to the testator
Expert handwriting analysis or digital forensics may be needed to prove fraud.
5. Lack of Knowledge and Approval
Even if a will is properly signed and executed, it may be invalid if the testator didn’t understand or approve of its contents. This may occur if the will:
- Was prepared by someone else without full explanation
- Contains unexpected or unusual provisions
- Was signed by someone who was blind, illiterate, or otherwise unable to review the document
Suspicious circumstances can trigger this ground for challenge.
6. Inheritance Act 1975 Claims
In some cases, a will may be valid but still unfair. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim “reasonable financial provision” from the estate, including:
- Spouses or civil partners
- Children (including adult children)
- People who were financially dependent on the deceased
- Cohabiting partners (who lived with the deceased for at least two years)
These claims are not about the validity of the will but rather its fairness and impact on dependants.
Who Can Contest a Will in the UK?
Not everyone can challenge a will. UK law restricts eligibility to those with a genuine interest in the estate or legal standing under probate or inheritance law. Understanding whether you have the right to contest a will is the first step.
Here are the key categories of individuals who can legally contest a will:
1. Beneficiaries Named in the Will
If you are named in the will but believe it was tampered with, made under undue influence, or executed incorrectly, you may have grounds to contest it. This includes situations where:
- The share you were promised is missing or smaller than expected
- A more recent will excludes you unfairly
- There is suspicion of forgery or fraud
2. Individuals Who Would Inherit Under Intestacy
If the will is declared invalid, the estate falls under intestacy rules. Therefore, anyone who would inherit under these rules — usually close family like children, spouses, or siblings — may have the right to challenge the current will if they suspect it’s invalid.
3. Family Members and Dependants
Under the Inheritance (Provision for Family and Dependants) Act 1975, the following people can claim for reasonable financial provision:
- Spouse or civil partner of the deceased
- Former spouse or civil partner (if they haven’t remarried)
- A child of the deceased (minor or adult)
- Anyone treated as a child by the deceased
- Anyone being maintained by the deceased financially
- A cohabiting partner living with the deceased for at least two years before death
These claims are not about invalidating the will, but about changing how the estate is distributed to ensure fairness.
4. Executors and Administrators
While not usually claimants, executors or administrators of the estate may become involved in defending will disputes. If they discover a will may be invalid or if multiple wills are in question, they can apply for directions from the court.
5. Other Interested Parties
In some rare cases, distant relatives, business partners, or charities who believe they were intended to benefit from the estate may also have grounds to challenge, though this often requires strong supporting evidence.
Time Limits for Contesting a Will
Timing is critical when contesting a will in the UK. If you miss the legal deadline, you could lose your right to challenge the will altogether. The time limits depend on the type of claim you’re making and the legal grounds on which you’re contesting.
Here’s a breakdown of the key deadlines:
1. Inheritance Act Claims – 6 Months from Grant of Probate
If you’re making a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you have six months from the date of the grant of probate (or letters of administration, if there is no will).
- Extensions may be granted by the court, but only in exceptional circumstances.
- It’s crucial to act early and consult a solicitor as soon as probate is granted.
2. Claims Based on Fraud – No Time Limit
If you believe the will is the result of fraud (e.g. forged signature, fake document), there is no time limit. However, the longer the delay, the harder it may be to gather evidence or reverse probate decisions.
3. Claims for Rectification – 6 Months
Under Section 20 of the Administration of Justice Act 1982, if you’re seeking to rectify a clerical error or a failure to reflect the testator’s instructions, the claim must be brought within six months of the grant of probate.
4. Contesting on Grounds of Invalidity – As Soon As Possible
If you’re challenging the will due to:
- Lack of testamentary capacity
- Undue influence
- Lack of proper execution
- Lack of knowledge and approval
There’s no statutory deadline — but the general legal expectation is that you act promptly and without delay. Delays can weaken your claim, especially if the estate has already been distributed.
5. Caveats – Temporary Block on Probate
If you need time to investigate concerns before formally contesting a will, you can enter a caveat. This stops probate from being granted for 6 months, giving you breathing room to gather evidence and seek legal advice. A caveat can be extended if necessary. Report this page