Estate Disputes & Inheritance Act Claims

Contesting a Will Solicitors

Specialist solicitors for challenging a will and making Inheritance Act 1975 claims. Acting for beneficiaries, family members and dependants across Chester, Cheshire, North Wales and England and Wales.

01244 757 352 Free Initial Discussion

Can You Contest a Will?

Yes — a will can be challenged in a number of circumstances. Whether you believe a will does not reflect the true wishes of the person who made it, that they lacked the mental capacity to make it, or that you have been left without adequate financial provision, there are legal routes available to you.

Contesting a will is a specialist area of law. The grounds on which a will can be challenged are specific, and the evidence required to succeed is often complex. Acting quickly is important — particularly for Inheritance Act claims, where a strict six-month time limit applies from the date of the grant of probate.

At PDA Law, our wills and estate disputes team advises clients across Chester, Cheshire, North Wales and throughout England and Wales. We offer a free initial discussion to assess the merits of your case, and no win no fee arrangements are available for suitable matters.

Time Limits — Act Quickly

Inheritance Act claims: 6 months from grant of probate
Caveat: Can be entered before probate is granted
Validity challenges: No fixed limit but delay is prejudicial

No Win No Fee

Conditional fee arrangements available for suitable will dispute and Inheritance Act cases. We will assess your case and advise on funding options at the outset.

Grounds for Contesting a Will

A will can be challenged on several legal grounds. The most common are set out below.

Lack of Testamentary Capacity

A will can be challenged if the person who made it (the testator) did not have the mental capacity to understand what they were doing at the time. This is assessed against the test in Banks v Goodfellow [1870] — the testator must have understood the nature of making a will, the extent of their estate, and the claims of those who might expect to benefit.

Undue Influence

If someone was pressured, coerced or manipulated into making a will — or changing an existing will — in a way that did not reflect their true wishes, the will may be challenged on grounds of undue influence. This is particularly relevant where a vulnerable person was isolated from family or where a carer or new partner benefited significantly.

Lack of Knowledge and Approval

Even if a 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 that was 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.

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.

Inheritance Act 1975 Claims

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to make a claim against an estate if they have not been left reasonable financial provision — even where the will itself is valid.

The court has a wide discretion in deciding what is "reasonable" and will take into account the financial needs and resources of the claimant and all beneficiaries, the size of the estate, and the nature of the relationship between the claimant and the deceased.

Claims must be issued within six months of the grant of probate. If you believe you may have a claim, it is essential to take advice as soon as possible — ideally before probate is granted.

Who Can Make an Inheritance Act Claim?

Spouse or Civil Partner

A surviving spouse or civil partner can claim for such financial provision as is reasonable in all the circumstances — assessed on a higher standard than other claimants.

Former Spouse or Civil Partner

A former spouse or civil partner who has not remarried may claim, provided they have not already received a financial settlement on divorce that was intended to be final.

Cohabitee

A person who lived with the deceased as husband, wife or civil partner for at least two years immediately before the death can make a claim.

Child of the Deceased

Any child of the deceased — including adult children — can make a claim, though the court will consider whether they were financially dependent on the deceased.

Person Treated as a Child

A person who was treated by the deceased as a child of the family (for example, a stepchild) may also be able to claim.

Dependant

Any person who was being maintained by the deceased immediately before the death — whether financially or otherwise — may have a claim.

How We Can Help

Free Initial Discussion

We assess the merits of your case, explain the legal options available, and advise on funding — including no win no fee.

Investigate & Gather Evidence

We obtain medical records, correspondence, and other evidence to support your challenge or claim.

Negotiate or Mediate

Many will disputes settle without going to court. We explore all options for resolution before issuing proceedings.

Court Proceedings if Needed

If settlement is not possible, we represent you in the Chancery Division of the High Court or the County Court.

Our Will Disputes Team

Laura Kirton

Wills & Probate Solicitor · 10 Years Qualified

Will Disputes & Inheritance Act Claims

Laura is a qualified solicitor with ten years' post-qualification experience, specialising in wills, probate, and estate disputes. She is known for her calm, methodical approach — qualities that are particularly valued by clients navigating emotionally complex and sensitive family situations.

Darren Steele

Senior Private Client Executive · STEP Member

Estate Disputes

Darren has worked in the legal sector since 1998 and has been a STEP member since 2011. He specialises in wills, trusts, lasting powers of attorney and probate — with particular expertise in inheritance tax planning and complex estate structuring.

Frequently Asked Questions

How long do I have to contest 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. We strongly recommend taking advice as soon as possible.

Can I contest a will if I am not a beneficiary?

Yes. You do not need to be named in the will to contest it. If you would have inherited under a previous will, under the intestacy rules, or if you have a claim under the Inheritance Act 1975, you may have standing to challenge the will.

What happens to the estate while a will is being contested?

You can enter a caveat at the Probate Registry to prevent a grant of probate being issued while the dispute is ongoing. This gives you time to investigate and take legal advice without the estate being distributed. We can advise on whether entering a caveat is appropriate in your circumstances.

Is contesting a will expensive?

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 the difference between contesting a will and making an Inheritance Act claim?

Contesting a will challenges the validity of the will itself — for example, on grounds of lack of capacity or undue influence. An Inheritance Act claim accepts the will is valid but argues that it does not make reasonable financial provision for the claimant. Both types of claim can sometimes be pursued together.

Can I contest 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.