Farra is a death administration assistant for UK families. Get step-by-step guidance for registering a death, applying for probate, notifying banks, and managing bereavement admin. From essential documents to practical checklists, Farra simplifies estate paperwork and funeral-related tasks so you can focus on what matters.
Act within 6 months for Inheritance Act claims. Valid grounds: lack of capacity, undue influence, fraud, or improper execution. Will contests cost £50,000-£100,000+ if reaching trial, and you risk paying opponent's costs if you lose. Success rates are low—most settle. Need strong evidence and valid legal grounds, not just "unfair" distribution. Mediation strongly recommended.
Have more questions on UK death administration? Let Farra help.
Challenging a will in the UK is complex, expensive, and emotionally draining. Before proceeding, understand that you need valid legal grounds, strong evidence, and substantial financial resources. Most will contests cost £50,000-£100,000+ if they reach trial, and you risk paying the other side's costs if you lose.
This guide explains the valid grounds for contesting a will, who can challenge, the court process, realistic costs, time limits, and your chances of success. You'll learn when it's worth fighting and when to accept the will as written.
UK law only recognizes specific grounds for challenging will validity. You cannot contest simply because you dislike the distribution or feel it's unfair:
The deceased didn't understand what they were doing when making the will. To have capacity, they must have understood:
Evidence needed: Medical records showing dementia, Alzheimer's, severe mental illness, or medication affecting cognition at time of will execution. Expert medical opinion on capacity. This is the most common ground for successful challenges.
Someone coerced or pressured the deceased into making the will against their true wishes. Must prove:
Evidence needed: Witness testimony of coercion, threatening messages/emails, evidence of isolation from family, sudden change from previous will benefiting influencer, deceased was vulnerable/dependent on influencer. Very difficult to prove.
Will doesn't meet legal requirements under Wills Act 1837:
Evidence needed: Will document itself showing invalid execution, witness statements confirming they didn't witness signature properly. Relatively rare as most solicitor-drawn wills properly executed.
Will is not genuine or contains fraudulent provisions:
Evidence needed: Handwriting expert analysis, evidence deceased didn't execute will on stated date, proof of forgery. Serious allegation requiring strong proof.
Deceased didn't know or approve the will's contents:
Evidence needed: Evidence deceased didn't understand English, was blind/deaf, or beneficiary controlled will drafting process. Different from lack of capacity.
Will contains clerical error or doesn't reflect testator's instructions due to professional negligence:
Evidence needed: Draft instructions showing error, solicitor's notes, evidence of deceased's true intentions. Court can correct will to reflect actual intentions. Less common but higher success rate.
You must have "standing" - legitimate interest in the estate:
Note: Adult children who received nothing or inadequate provision can claim under Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision. This is different from contesting will validity - you accept will is valid but argue it doesn't make reasonable provision for you.
⏰ Critical Time Limits to Know:
While investigating your claim, enter a caveat at the Probate Registry:
Caveat gives you breathing room but use time wisely. Don't enter caveat unless serious about challenging.
Will contests are extremely expensive. Budget realistically:
| Stage | Your Costs | Notes |
|---|---|---|
| Initial advice & investigation | £3,000-£8,000 | Solicitor review, medical records, expert opinion |
| Letter Before Action | £2,000-£5,000 | Solicitor prepares detailed case, attempts settlement |
| Mediation | £3,000-£5,000 | Includes mediator fee (£1-3K) + solicitor prep/attendance |
| Court proceedings (pre-trial) | £20,000-£50,000 | Court fees, disclosure, witness statements, expert reports |
| Trial | £50,000-£150,000+ | Barrister fees (£10-30K), final prep, 3-10 day trial |
| If you LOSE at trial | Add £35,000-£100,000 | You pay 60-70% of opponent's legal costs |
Settlement Pressure Points:
Most will contests settle before trial (70-80%). Key moments when settlement likely:
Consider contesting if ALL these apply:
Do NOT contest if:
Alternative to Contesting:
If you're an adult child or dependant who received nothing or inadequate provision, consider an Inheritance Act claim instead:
❌ Waiting too long before taking action
Once estate is distributed, recovering assets from beneficiaries is extremely difficult. Enter caveat immediately if considering challenge.
❌ Proceeding without specialist legal advice
Will contests are technical and expensive. DIY approach will fail. Need contentious probate solicitor with litigation experience.
❌ Contesting when estate too small to justify costs
If estate is £80K and costs will be £50K+, you'll spend more than you gain even if you win. Not economically rational.
❌ Confusing "unfair" with "invalid"
Testator can distribute estate however they wish (with rare exceptions). You need legal grounds, not just disagreement with choices.
❌ Refusing mediation
Courts expect parties to mediate. Unreasonably refusing mediation can result in costs penalties even if you win at trial.
❌ Making false fraud allegations
Alleging fraud/forgery without evidence can result in costs orders against you. These are serious allegations requiring solid proof.
Learn how to write a legally valid will in the UK. Legal requirements, what to include, DIY vs solicitor costs, and common mistakes to avoid.
Executor won't act or communicate? Your rights, removing executors, court proceedings, delays, disputes, and alternative solutions.
Complete UK inheritance tax guide 2026/27. Nil-rate band £325K, RNRB £175K, 40% rate. 7-year gifting rule, exemptions, and how to calculate IHT.
Find out if you need probate in the UK. Property always needs probate. Small estates under £5K-£50K may not (depends on bank). Joint assets exempt.
Ultimate step-by-step probate guide: 10-stage process, realistic timelines (6-18 months), complete costs (DIY vs solicitor), IHT forms, executor duties, common problems & solutions.
Your AI companion for UK death administration—combining practical guidance with emotional support, available 24/7.
Your AI companion for UK death administration
Free to start • £129 for full access • 30-day guarantee