Challenge a Will
Grounds for Challenging a Will in the UK
If you believe a will does not reflect the deceased's true wishes or that something went wrong when it was prepared or signed, you may be wondering whether it can be challenged.
Challenging a will is a legal process and cannot be based simply on disappointment or the belief that someone deserved a larger inheritance. There must usually be recognised legal grounds supported by evidence.
This guide explains the most common reasons wills are challenged, who may be able to bring a claim and what happens during the process.
What Is the Difference Between Contesting and Challenging a Will?
In everyday language, the terms are often used interchangeably.
Generally, both refer to legal action questioning either:
- The validity of a will.
- Whether reasonable financial provision should have been made.
- The conduct of an executor.
- How an estate is being administered.
The legal route taken depends on the specific circumstances.
Common Grounds for Challenging a Will
Some of the most common legal grounds include:
Lack of Mental Capacity
It may be argued that the deceased did not fully understand:
- The nature of making a will.
- The value of their estate.
- Who might reasonably expect to benefit.
Undue Influence
A challenge may arise where someone believes another person pressured or coerced the deceased into changing their will.
Evidence is usually required to support this allegation.
Common Grounds for Challenging a Will Continued
Lack of Proper Execution
A will generally needs to comply with legal formalities.
Issues may arise if:
- It was not properly signed.
- Witness requirements were not met.
- The document was incomplete.
Fraud or Forgery
A will may be challenged if there are allegations that:
- A signature was forged.
- The document was altered.
- False information was used.
These are serious allegations that require strong evidence.
Later Will Discovered
If a newer valid will is found, it may replace an earlier version.
Claims for Financial Provision
Even where a will is valid, certain individuals may be able to bring a claim if they believe reasonable financial provision has not been made for them.
Whether such a claim succeeds depends on the law and the individual circumstances.
Evidence That May Be Relevant
Depending on the claim, evidence may include:
- Medical records.
- Solicitor’s attendance notes.
- Witness statements.
- Earlier wills.
- Financial records.
- Care records.
- Correspondence.
- Expert reports.
Every case is different.
Can Probate Be Delayed?
Where there is a genuine dispute, legal steps may sometimes be taken to delay the administration of the estate while matters are investigated.
If Probate has already been granted, further legal options may still be available.
Can the Matter Be Settled Without Court?
Yes.
Many disputes are resolved through:
- Negotiation.
- Mediation.
- Solicitor correspondence.
- Settlement agreements.
Resolving matters outside court is often quicker and less expensive than litigation.
Compare Probate Solicitors Near You
If you believe a will should be challenged, Find a Funeral helps you compare experienced contentious probate solicitors across the UK who specialise in inheritance disputes, will validity claims and Probate litigation.
Not usually. There must generally be recognised legal grounds or an appropriate legal claim.
Some claims are subject to strict legal time limits. It is advisable to seek legal advice promptly.
Whether a sibling can bring a claim depends on the circumstances and the legal basis of the challenge.
Related Resources
- Contest a Will
- Inheritance Dispute
- Probate Dispute
- Executor Dispute
- Unfair Will
- No Provision Under a Will
- Probate Solicitors
- Estate Administration