Wills, Trusts & Estates · Contentious Probate
Challenging a Will
Specialist contentious probate solicitors for challenging a will in England and Wales. Lack of capacity, undue influence, fraud, and Inheritance Act claims. No win no fee available for suitable cases.
Chester-based, acting across Cheshire, North Wales and throughout England and Wales. Free initial assessment — we will tell you honestly whether you have a case.
Time limits apply — act quickly
Inheritance Act 1975 claims must be issued within 6 months of the grant of probate. For other grounds, there is no fixed limit but delay can seriously prejudice your position. Contact us as soon as possible.
Grounds for Challenging a Will
A will can be challenged on several legal grounds. The most common are set out below.
Lack of Testamentary Capacity
A will is invalid if the person who made it lacked the mental capacity to understand what they were doing. The legal test (Banks v Goodfellow [1870]) requires the testator to have understood the nature of making a will, the extent of their estate, and the claims of those who might expect to benefit. Dementia, mental illness, or the effects of medication can all be relevant.
Undue Influence
A will can be challenged if the testator was pressured, coerced or manipulated into making it in a way that did not reflect their true wishes. This is particularly relevant where a vulnerable person was isolated from family, or where a carer, new partner, or other person in a position of trust benefited significantly.
Lack of Knowledge and Approval
Even if the testator had capacity, a will can be challenged if they did not know and approve its contents. This may arise where a will was prepared by someone who benefits from it, or where the testator was unable to read the document they signed.
Fraud or Forgery
A will that has been forged, or obtained by fraudulent misrepresentation, is invalid. If you have reason to believe a will has been fabricated or that the testator was deceived into signing it, we can advise on the steps to take — including applying for a caveat to prevent probate being granted.
Failure to Meet Formal Requirements
A will must be signed by the testator in the presence of two independent witnesses who also sign. If these formalities were not observed — for example, if a beneficiary witnessed the will — the will or the gift to that witness may be invalid.
Inheritance Act 1975 Claims
Even where a will is valid, certain people can make a claim for reasonable financial provision from an estate under the Inheritance (Provision for Family and Dependants) Act 1975. This includes spouses, civil partners, cohabitees, children, and dependants who were not adequately provided for.
How We Help You Challenge a Will
Our contentious probate team guides you through every step of the process.
Free initial assessment
We assess the merits of your case at no cost. We will tell you honestly whether we think you have grounds to challenge the will and what evidence you will need.
Enter a caveat (if needed)
If probate has not yet been granted, we can enter a caveat at the Probate Registry to prevent the estate being administered while the dispute is resolved.
Gather evidence
We help you gather the evidence needed to support your challenge — including medical records, witness statements, and expert evidence where required.
Negotiate or mediate
Most will disputes settle without going to court. We will explore all options for resolving the dispute — including negotiation and mediation — before considering litigation.
Litigation if necessary
If the dispute cannot be resolved, we will represent you in the Chancery Division of the High Court. Our contentious probate team has significant experience of will dispute litigation.
Our contentious probate team
Laura Kirton
Wills & Probate Solicitor · 10 Years Qualified
Contentious Probate
Darren Steele
Senior Private Client Executive · STEP Member
Will DisputesFrequently Asked Questions
Can you contest a will in the UK?
Yes — a will can be challenged in England and Wales on several grounds, including lack of testamentary capacity, undue influence, fraud or forgery, lack of knowledge and approval, and failure to meet formal requirements. You can also make a claim under the Inheritance Act 1975 if you were not adequately provided for, even if the will is valid.
What are the grounds for challenging a will?
The main grounds for challenging a will in England and Wales are: (1) lack of testamentary capacity — the testator did not have the mental capacity to make the will; (2) undue influence — the testator was pressured or coerced; (3) lack of knowledge and approval — the testator did not know and approve the contents; (4) fraud or forgery; and (5) failure to meet the formal requirements for a valid will.
How long do you have to challenge a will?
For Inheritance Act 1975 claims, you must issue proceedings within six months of the grant of probate or letters of administration. For other grounds — such as lack of capacity or undue influence — there is no fixed time limit, but delay can prejudice your position significantly. We strongly recommend taking advice as soon as possible.
How much does it cost to challenge a will?
Costs depend on the complexity of the case and whether it settles or proceeds to trial. Many will disputes settle through negotiation or mediation without the need for a full court hearing. We offer no win no fee arrangements for suitable cases and will always discuss costs with you clearly before any work begins.
What is contentious probate?
Contentious probate is the term used for disputes about the validity of a will or the administration of an estate. It covers challenges to the will itself (such as lack of capacity or undue influence), disputes about how the estate is being administered, and claims under the Inheritance Act 1975.
Can I challenge a will after probate has been granted?
Yes, though it becomes more complex once the estate has been distributed. If probate has been granted, you may need to apply to revoke it. Acting quickly is important — we recommend taking advice before the estate is administered if at all possible.
What is a caveat and how does it help?
A caveat is a notice entered at the Probate Registry that prevents a grant of probate being issued while the dispute is ongoing. It gives you time to investigate and take legal advice without the estate being distributed. A caveat lasts for six months and can be renewed. We can advise on whether entering a caveat is appropriate in your circumstances.
Related contentious probate services
Contesting a Will
Full guide to contesting a will in England and Wales.
Inheritance Act Claims
Claims for reasonable financial provision.
Disputed Estates
Disputes about estate administration.
Probate Services
Full probate and estate administration.
Wills Disputes
All types of will and estate disputes.
Letters of Administration
Administering an estate without a will.
Speak to a wills and estates solicitor today. Sensitive, professional advice — costs explained clearly before any work begins.
No obligation — talk through your options first. Chester, Cheshire & North Wales.
Free Initial Assessment
Tell us about your situation. We will assess the merits of your case and advise on your options — no obligation, no cost.