Grounds to Contest a Will? Speak to Our Experts.
Contesting a Will is a serious step, often taken during a difficult time. Our SRA-regulated solicitors provide clear, compassionate advice on the legal grounds and process for challenging a Will in the UK.
You may have grounds to contest if:
- You've been unfairly left out of a Will
- The Will was made under pressure (Undue Influence)
- The person was not of sound mind (Lack of Capacity)
- The Will seems invalid or is a forgery
Grounds to Contest a Will? Your Path to a Fair Outcome.
Contesting a Will is a significant step, often taken during a difficult and emotional time. Our role is to provide you with a clear, honest legal assessment of your situation, empowering you to make the right decision. Our specialist contentious probate solicitors are here to offer robust representation and compassionate guidance.
What is Your Primary Concern?
The law provides specific grounds to contest a Will. Select the statement that best describes your circumstances to see the potential legal routes available to you.
Contesting a Will Based on Validity
Lack of Testamentary Capacity
What it means: The person was not of sound mind, memory and understanding when they made the Will.
Common Signs & Evidence:
- A diagnosis of dementia, Alzheimer's, or other cognitive impairments.
- Medical records indicating a confused mental state or paranoia.
- Witness statements about irrational behaviour or significant, uncharacteristic changes in personality around the time the Will was signed.
Undue Influence or Coercion
What it means: The person was pressured, forced, or manipulated into making the Will against their true wishes.
Common Signs & Evidence:
- A last-minute change that benefits a new carer, neighbour, or recent acquaintance.
- The person being isolated from family and friends.
- A significant and unexplained departure from previously stated wishes or promises.
Fraud or Forgery
What it means: The Will or the signature on it is a fake.
Common Signs & Evidence:
- A signature that looks different from the person's usual signature.
- Suspicious circumstances around the document's creation, such as unknown witnesses.
- The quality of the document or language used seems inconsistent with the deceased.
If any of these situations seem familiar, you may have a strong case to contest the Will.
Request a Free AssessmentContesting a Will for Reasonable Provision
The Inheritance (Provision for Family and Dependants) Act 1975
What it means: Even if a Will is legally valid, the law recognises that certain people should be provided for. If the Will fails to make 'reasonable financial provision' for you, you may have a strong claim. The court considers several factors, including your financial needs and your relationship with the deceased. This is often the case when a child, spouse, or long-term partner is unexpectedly "left out of a Will".
Who can claim?
- Spouses and civil partners.
- Former spouses (who haven't remarried).
- Children (including adult children).
- Cohabiting partners (living together for at least two years).
- Anyone financially maintained by the deceased.
The law provides a safety net for dependants. If you fall into one of these categories, contact us to discuss your options.
Request a Free AssessmentContesting the Actions of an Executor
Delay in Administering the Estate
What it means: The executor is taking an unreasonably long time to gather assets and distribute the inheritance.
Our role: We can write to the executor to demand progress and, if necessary, apply to the court for their replacement.
Misconduct or Mismanagement
What it means: The executor is not acting in the best interests of the beneficiaries, for example, by selling assets for less than they are worth or paying themselves inappropriately.
Our role: We can take action to hold the executor to account, and in serious cases, have them removed by the court.
Executors have a legal duty to act properly. If you believe they are failing, we can help ensure the estate is protected.
Request a Free AssessmentEvery Family Situation is Unique
We Are Here to Listen
Will disputes can be incredibly varied. It's common for a situation not to fit neatly into a legal category. You may have concerns about broken promises (known as promissory estoppel), questions about missing assets, or Wills that are simply unclear or badly drafted.
These complex cases require a specialist solicitor to listen to your specific circumstances and provide tailored advice. That's why a confidential conversation is the best next step.
Let's discuss the specifics of your case in a free, no-obligation assessment. We can provide the clarity you need.
Request Your Free AssessmentGrounds to Contest a Will: Understanding Your Legal Position
Contesting a Will is a significant step, often taken during a difficult and emotional time. The law provides specific grounds upon which a Will can be challenged. Understanding these is the first step in assessing your case. Explore the options below to see which path may apply to you.
Contesting a Will That is Legally Invalid (Void)
This is a claim that the Will itself is fundamentally flawed and should not be recognised by the law. If you are successful, the estate is distributed according to a previous valid Will, or by the Rules of Intestacy if none exists.
Common Grounds to Contest Validity:
- Lack of Testamentary Capacity: The person was not of sound mind, memory, and understanding when they signed.
- Undue Influence: The person was coerced or pressured into making the Will against their true wishes.
- Fraudulent or Forged Wills: The document or the signature is not genuine.
- Lack of Knowledge and Approval: The person did not understand the contents of the Will they were signing.
Case Study: Lack of Capacity
Key v Key [2010]
The Facts: An elderly man made a new Will just days after the sudden death of his wife of 65 years, leaving his entire estate to his two daughters and excluding his two sons. Evidence showed he was suffering from extreme grief, which a medical expert testified would have severely impaired his decision-making ability.
The Outcome: The High Court ruled the Will was invalid due to lack of testamentary capacity. The judge stated that the "decision-making powers of the deceased were so affected by his wife's death... as to render him a man who was not of sound mind, memory and understanding."
What this means for you: A person's mental state, including the impact of profound grief, is a critical factor. If you can show their judgment was severely impaired, you may have grounds to contest the Will.
Contesting a Will for Unfair Provision
This type of claim acknowledges the Will may be legally valid, but argues that it fails to make "reasonable financial provision" for a family member or dependant under the Inheritance (Provision for Family and Dependants) Act 1975.
Who is eligible to make a claim?
- Spouses and civil partners.
- Former spouses (who have not remarried).
- Children (including adult children).
- Cohabiting partners (living together for at least 2 years).
- Anyone who was being financially maintained by the deceased.
Case Study: Broken Promises (Promissory Estoppel)
Guest v Guest [2022]
The Facts: A farmer's son, Andrew Guest, worked on the family farm for over 30 years for a low wage, based on repeated promises from his father that he would one day inherit a significant portion of it. After a family falling out, his parents wrote him out of their Will entirely.
The Outcome: The Supreme Court ruled in Andrew's favour. They found that he had relied on his father's promises to his detriment, and it would be unconscionable to allow those promises to be broken. He was awarded a substantial lump sum payment.
What this means for you: If you have dedicated your life or made significant sacrifices based on a clear promise of future inheritance that was later broken in a Will, you may have grounds to contest it based on promissory estoppel.
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Your Questions About Contesting a Will, Answered
Eligibility & Grounds to Contest
You must have specific legal grounds. The main ones are: 1. **Lack of Testamentary Capacity** (the person was not of sound mind). 2. **Undue Influence** (they were coerced or pressured). 3. **Invalid Procedure** (the Will was not signed or witnessed correctly). 4. A claim for reasonable provision under the **Inheritance Act 1975** if you're a dependant who has been unfairly excluded.
Yes, adult children are eligible to make a claim under the Inheritance Act 1975 for "reasonable financial provision," particularly if you have a financial need or had a dependency on the deceased. The court will consider your financial situation, your relationship, and the size of the estate when making a decision.
You do not need to have all the evidence before you speak to us. During your free assessment, you just need to tell us your story and your suspicions. Our role as expert solicitors is to then advise on what specific evidence is needed—such as medical records, witness statements, or financial documents—and guide you on how we can obtain it.
The Process & Timelines
Strict time limits apply. For claims under the Inheritance Act 1975, you generally have only **6 months** from the date the Grant of Probate is issued. For other types of claims, the limits can vary. It is absolutely crucial to seek legal advice as soon as possible to avoid missing these critical deadlines.
It is very unlikely. The vast majority of our cases—over 95%—are settled out of court through skilled negotiation or formal mediation. We are experts in resolving disputes without a court battle. We always treat court as a last resort, as our primary goal is to achieve the best outcome for you as quickly and cost-effectively as possible.
We understand this is a very sensitive issue and a major concern for our clients. Our approach is always to be firm but fair, focusing on negotiation and mediation to resolve disputes as amicably as possible. Settling a case out of court can often help preserve family relationships far better than a prolonged and public court battle.
Costs & Funding Your Claim
We believe in complete transparency. During your free initial assessment, we will discuss our fee structure with you. For many cases, we can offer a fixed-fee for stages of the work, so you have certainty. We will always provide a clear estimate of costs before you proceed.
In many successful Will contest cases, it is common for the legal costs of all parties to be paid out of the deceased's estate. This is a key point of negotiation, and it is something we would aim to agree upon as part of any settlement.
Generally, an executor is entitled to use funds from the estate to defend the Will. However, they have a duty to act neutrally and must not waste estate funds unreasonably. If an executor acts improperly, they can be held personally liable for costs.
Yes, you may be responsible for 'disbursements.' These are third-party costs that are separate from our fees, such as court filing fees, barrister's fees if required, or the cost of obtaining expert reports (e.g., from a medical expert). We will always provide you with a clear estimate of these potential costs before they are incurred.
Book your initial consultation with our Wills & Probate Solicitors in Birmingham. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk for specialist advice.
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