Challenge a Will UK: What Else Can Decide Who Inherits?

Many people assume that once a will is signed, it settles who gets what from an estate. In reality, a will can be the starting point rather than the final word. There are several routes by which you can challenge a will in the UK, whether to contest its validity or adjust its effect. This overview explains three key areas in plain terms: challenges to a will’s validity, claims for “reasonable financial provision” under the Inheritance (Provision for Family and Dependants) Act 1975, and proprietary estoppel, which can protect those to whom promises were made during someone’s lifetime. Further guidance on inheritance and legal rights is available on the UK Government website.

How to challenge a will in the UK

A will is only effective if it is valid. Two common grounds of challenge are testamentary capacity and want of knowledge and approval.

Testamentary capacity

Testamentary capacity means the person making the will understood, in broad terms, what a will is, the extent of their assets, and who might expect to benefit (even if they choose not to benefit them). Red flags include a diagnosis of dementia or serious mental illness at the time of making the will, confusion about assets, or drastic changes to previous wills without a clear reason. Medical records and the will writer’s notes can be important.

Knowledge and approval

Want of knowledge and approval means the person knew and approved the contents of the will they signed. This is especially relevant where someone else prepared the will and benefits from it, the will is unusually complex or out of character, or the person signing was vulnerable or had communication difficulties. Warning signs include a beneficiary arranging the will, exclusion of close family without explanation, or the will being signed without proper explanation to the person making it.

Undue influence

Other validity issues can include undue influence (pressure overriding free will), lack of proper signing and witnessing, or fraud. Each involves specific tests and evidence. For a more detailed look at the grounds for challenging a will’s validity, see our guide to contesting a will.

Inheritance Act claims when challenging a will

Even if a will is valid, certain people can ask the court for an order that the estate provide them with reasonable financial provision. Broadly, possible applicants include a spouse or civil partner, a former spouse or civil partner who has not remarried, a cohabiting partner who lived with the deceased for at least two years, children (including adult children), and those financially maintained by the deceased.

What is “reasonable financial provision”?

“Reasonable financial provision” is judged by the court in light of factors such as the applicant’s needs and resources, the size of the estate, any disabilities, and any obligations the deceased had. For spouses and civil partners, the court may look at what would be fair on divorce; for others, the focus is on maintenance that is reasonable in all the circumstances. Outcomes can range from regular payments to a lump sum or a right to live in a property.

Proprietary estoppel and lifetime promises

Proprietary estoppel can step in where someone has been led to expect a right in property, has relied on that assurance, and suffered a detriment as a result. In simple terms, if a person is promised “the farm will be yours” or “you can have the house,” then spends years working for low pay, investing time or money, or turning down other opportunities because of that promise, the court may enforce or compensate that expectation.

Typical scenarios include adult children working in a family business or maintaining a home on the strength of assurances about eventual ownership. The court looks at the clarity of the assurances, the reliance shown, and whether it would be unfair not to honour the promise. Remedies aim to be fair, which may mean transfer of property or a financial award.

Speak to our team

What is set out above is a very brief summary of some general themes. Our Contentious Trusts and Probate team brings together specialists with many years of experience in this area of law including full members of ACTAPS (Association of Contentious Trust and Probate Specialists). If you require advice on a specific situation that you are involved in, please contact Jason Oliver in the first instance.

We publish blogs and social media posts to give a general overview of legal and commercial issues, relevant at the time of publication, which we hope you will find interesting. Please note that legal rules often change depending on the specific facts of a situation. The law also changes over time following changes in legislation or new court cases. We do not actively update our blogs or posts once they are published to reflect changes in the law.