Contesting a Will UK: Grounds, Process, Costs & Time Limits 2025
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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.
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Valid Grounds for Contesting a Will
UK law only recognizes specific grounds for challenging will validity. You cannot contest simply because you dislike the distribution or feel it's unfair:
1. Lack of Testamentary Capacity
The deceased didn't understand what they were doing when making the will. To have capacity, they must have understood:
- What a will is and what it does
- The extent of their assets
- Who has a moral claim on their estate
- The effect of including or excluding people
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.
2. Undue Influence
Someone coerced or pressured the deceased into making the will against their true wishes. Must prove:
- Pressure was applied (not just persuasion)
- Pressure overpowered deceased's free will
- Will reflects influencer's wishes, not deceased's
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.
3. Lack of Valid Execution
Will doesn't meet legal requirements under Wills Act 1837:
- Must be in writing and signed by testator
- Testator must sign in presence of two witnesses
- Both witnesses must sign in testator's presence
- Witnesses cannot be beneficiaries or married to beneficiaries
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.
4. Fraudulent or Forged Will
Will is not genuine or contains fraudulent provisions:
- Signature forged
- Entire will fabricated
- Provisions inserted without testator's knowledge
- Fraudulent misrepresentation to testator
Evidence needed: Handwriting expert analysis, evidence deceased didn't execute will on stated date, proof of forgery. Serious allegation requiring strong proof.
5. Lack of Knowledge and Approval
Deceased didn't know or approve the will's contents:
- Blind or illiterate testator not had will read to them
- Will drafted by main beneficiary
- Suspicious circumstances around execution
Evidence needed: Evidence deceased didn't understand English, was blind/deaf, or beneficiary controlled will drafting process. Different from lack of capacity.
6. Rectification
Will contains clerical error or doesn't reflect testator's instructions due to professional negligence:
- Solicitor misunderstood instructions
- Typing error changed meaning
- Wrong template used
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.
Who Can Contest a Will?
You must have "standing" - legitimate interest in the estate:
People with Standing
- Current will beneficiaries: Named in will being challenged
- Previous will beneficiaries: Named in earlier will that would apply if current will invalid
- Intestacy beneficiaries: Would inherit under intestacy rules if no valid will
- Dependants: Financially dependent on deceased (can also claim reasonable provision)
- Executors: Can defend will but usually don't contest it
- Charities: Named as beneficiaries
People WITHOUT Standing
- Friends with no inheritance expectation
- Distant relatives not entitled under intestacy
- People mentioned informally but not in will or previous wills
- Creditors (have other remedies)
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.
Time Limits for Contesting
⏰ Critical Time Limits to Know:
- Inheritance Act claims: Must start within 6 months of grant of probate (strict deadline)
- Will validity challenges: No fixed deadline but "laches" (unreasonable delay) applies
- Practical deadline: Act within 12 months of death ideally
- After estate distributed: Much harder to recover assets from beneficiaries
Entering a Caveat
While investigating your claim, enter a caveat at the Probate Registry:
- Cost: £3 (valid 6 months, renewable for further £3)
- Effect: Prevents grant of probate being issued
- Purpose: Stops executor distributing estate while you gather evidence
- Warning: If executor issues warning to caveat, you have 8 days to start proceedings or caveat removed
Caveat gives you breathing room but use time wisely. Don't enter caveat unless serious about challenging.
Realistic Costs of Contesting
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 |
Funding Options:
- Pay as you go: £300-£500/hour for experienced contentious probate solicitor
- No win no fee (CFA): Solicitor takes 25-40% of what you recover if successful. You still pay opponent's costs if lose (need insurance).
- After the event insurance: Covers opponent's costs if you lose. Premium £10,000-£30,000+ (often paid from award if win).
- Litigation funding: Third party funds case in return for large share of recovery (40-50%)
The Court Process
1. Pre-Action Stage (3-6 months)
- Gather evidence and expert opinions
- Solicitor sends Letter Before Action to executor
- Executor responds (usually denies grounds)
- Attempt to negotiate settlement
- Consider mediation
2. Issuing Proceedings (Month 6-7)
- File claim form at High Court (Chancery) or County Court
- Pay court fee: £10,000 for estates over £200,000 (£455 for smaller estates)
- Serve claim on executor and interested parties
- Executor files defense (typically denies all grounds)
3. Disclosure & Evidence (Months 8-14)
- Both sides disclose relevant documents (medical records, wills, correspondence)
- Exchange witness statements (from family, carers, professionals)
- Exchange expert reports (medical experts on capacity typically £5-10K each)
- Case management hearings set timetable and directions
4. Pre-Trial Review (Months 15-18)
- Final attempts at settlement (most cases settle here)
- Pre-trial review hearing sets final trial date
- Exchange skeleton arguments
- Prepare trial bundles (all documents for judge)
5. Trial (Months 18-24)
- Trial typically lasts 3-10 days
- Witnesses give evidence and are cross-examined
- Expert witnesses present opinions
- Barristers present legal arguments
- Judge gives judgment (immediately or "reserved" - issued later)
Settlement Pressure Points:
Most will contests settle before trial (70-80%). Key moments when settlement likely:
- After Letter Before Action when executor assesses strength
- After disclosure reveals evidence supporting claim
- After expert medical opinion on capacity obtained
- At mediation
- Just before trial when legal costs have mounted significantly
Success Rates & Outcomes
Realistic Success Rates by Ground:
- Lack of capacity: 40-50% success rate if strong medical evidence. Most common successful ground.
- Undue influence: 20-30% success rate. Very difficult to prove. Burden of proof on challenger.
- Lack of valid execution: High success rate IF you can prove invalid execution, but rare to find such wills.
- Fraud/forgery: High success rate IF proven, but requires forensic evidence. Serious allegation.
- Rectification: 50-60% success rate for genuine clerical errors with good evidence.
Factors Improving Your Chances:
- Strong medical evidence of incapacity at time of execution
- Will made shortly before death during period of decline
- Dramatic change from previous will with no explanation (e.g., cut out children, everything to carer)
- Beneficiary involved in will preparation/execution
- Multiple witnesses to coercion or lack of capacity
- Deceased's GP or specialist noting capacity concerns
- Expert medical opinion supports lack of capacity
Factors Making Success Unlikely:
- Will prepared by reputable solicitor who assessed capacity
- Will made years before death when deceased had clear capacity
- No medical evidence of incapacity at execution date
- Simply disagreeing with distribution
- Feeling "it's not fair" without legal grounds
- Lack of documentary evidence, relying on oral testimony only
- Estate too small to justify £50K+ legal costs
Should You Contest? Decision Factors
Consider contesting if ALL these apply:
- You have valid legal grounds (not just "unfair")
- You have strong documentary evidence
- Estate is worth enough to justify costs (£100K+ minimum)
- You can fund litigation (or get no win no fee agreement)
- You're prepared for 18-24 month process and family conflict
- Experienced solicitor says you have good prospects
- You've exhausted attempts at family negotiation
Do NOT contest if:
- Your only reason is you think it's unfair
- Estate is small (under £100K) - costs will eat everything
- You have no documentary evidence, just suspicions
- Will was professionally prepared and executed
- You missed time limits (6 months for Inheritance Act)
- No solicitor will take case on no win no fee (red flag)
- You can't afford to lose and pay other side's costs
Alternative to Contesting:
If you're an adult child or dependant who received nothing or inadequate provision, consider an Inheritance Act claim instead:
- Don't challenge will validity
- Argue will doesn't make reasonable financial provision for you
- 6 month time limit from probate (strict - don't miss this)
- Court considers your needs vs estate size
- Often cheaper and faster than contesting will validity (but still expensive)
- You need to show financial need/dependency - adult children with good income unlikely to succeed
Common Mistakes to Avoid
❌ 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.
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You don't have to figure this out alone
Get expert guidance through every step of death administration—from probate to provider notifications—with compassionate AI support available 24/7.
AI probate prep tool
Calculates IHT, validates everything, prepares your application — saves £2,000-5,000 vs solicitor
24/7 AI emotional support
Industry-first companion for guidance and reassurance anytime
Complete contact database
Phone scripts and details for 60+ UK banks, utilities, and providers
Launch pricing • No subscription • All features included
Join families across the UK handling death admin with confidence • Takes 5 minutes to get started
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