Contesting a Will
Contesting a will can be complex and emotional. Our experienced solicitors provide clear advice on disputes over the validity of wills. From guiding you through the legal process to explaining the costs of contesting a will in the UK, we ensure you have the support and expertise you need.
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In England and Wales, people have the freedom to leave their estates to whoever they wish under the terms of their will. However, in order to be valid, wills must be properly executed and must represent the wishes of the person making it. It is possible to challenge (or contest) a will on the following grounds:
- The will has not been properly executed;
- The person making the will did not have sufficient mental capacity;
- The will does not represent the intentions of the person making it;
- The will was made as a result of undue influence by a third party; or
- The will is a forgery or was made as a result of fraud (fraudulent calumny).
Proving any of these grounds requires gathering evidence, and a successful challenge will result in the will being declared invalid. In those circumstances, the position may revert to an earlier will, or the rules of intestacy may apply where there is no earlier will. This can have serious implications for the parties involved and it is important that evidence is gathered and presented as effectively as possible in order to achieve the desired outcome. We have experience acting for those wishing to challenge a will as well as those defending such allegations.
As well as acting for clients either making or defending challenges to the validity of wills, we also act for clients in the following situations:
- Seeking or resisting rectification of wills where it is alleged that a will contains a mistake;
- Acting in construction cases where there is a dispute about the meaning of the terms of a will;
- Dealing with citations to accept or refuse or to take a grant of representations and citations to propound a will; and,
- Entering and warning caveats and entering appearances to warnings (as a precursor to a probate claim).
Work Examples
Examples of cases we have acted in are as follows:
In re Robinson [2025] (striking out Inheritance Act claim)
Pattinson v Winsor [2023] (probate action for grant in solemn form)
Bunker v University of Cambridge [2022] (construction summons)
In re Lynch deceased [2018] (rectification of will)
In re Abraham deceased [2023] (revocation of will for want of knowledge and approval)
[Burrows – Peter Watson Deceased]
Acting for one of the residuary beneficiaries of an earlier, professionally drafted will in a successful contesting a will case — challenging the validity of a later will that was apparently executed by the deceased after he had been sectioned under the Mental Health Act and moved into residential care owing to his dementia and under which our client received nothing. The validity of the will was successfully challenged on the basis that the deceased lacked capacity to make it at the time of execution, with our client receiving her inheritance under the earlier will.
How we work with you
Whilst based in the South of England, with offices in Southampton, Winchester and Bournemouth, Paris Smith acts for businesses and families throughout the UK. Technology has enabled us to provide a high level of service to our clients whether they are local to our offices or not. Our advice can be given in many ways:
- Over the telephone
- Online appointments
- In face to face meetings
We will talk through how you would like to be contacted and the best ways for us to meet in our early conversations with you.
CONTENTS
Introducing your key contact
Jason Oliver
Partner – Personal Disputes and Commercial Disputes
Frequently asked questions
We have answered some of the more frequently asked questions we receive around contentious probate. If you have a question that is not answered below, please contact Jason Oliver.
Who can dispute a Will?
To dispute the validity of a Will, a person needs to show that they have a sufficient interest to do so. This is usually that, if the Will is invalid, that person would inherit more under a previous Will or on intestacy. There can be other circumstances where a person has a sufficient interest to challenge and we are able to advise in this respect.
How do you dispute a Will?
The validity of a Will can be challenged for the following reasons:
- It was not properly executed – the law has strict requirements for the execution of Wills and, if these requirements have not been followed, a Will may be invalid.
- The Will is a forgery or a fraud – sometimes Wills are forged and this can be proved using expert evidence. Commonly, a fraud might take the form of a person lying to the deceased to convince them to exclude someone from their Will.
- The deceased did not have mental capacity at the time the Will was made – this is a complex area but, broadly, the deceased needs to have been able to understand what they were doing, what was in their estate and the various claims they should consider.
- The deceased did not know and approve of the Will’s contents – a person needs to know what is in their Will when they sign it and, if they did not, their Will might be invalid.
- The Will was the result of undue influence by another person. For example, if a relative or friend puts pressure on someone to change their Will, this can invalidate it in certain cases.
The first step to challenging a Will is to enter a caveat, which prevents a grant of probate or administration from issuing. It is then, ultimately up to the court to decide whether the Will is valid or not based on the available evidence.
Can you dispute a Will after probate?
Yes. A claim can be brought to revoke a grant of probate or administration on the basis that the Will is invalid.
Can probate be contested?
Yes. A claim can be brought to revoke a grant of probate or administration on the basis that the Will is invalid.
Can you contest a Will?
The validity of a Will can be challenged for the following reasons:
- It was not properly executed – the law has strict requirements for the execution of Wills and, if these requirements have not been followed, a Will may be invalid.
- The Will is a forgery or a fraud – sometimes Wills are forged and this can be proved using expert evidence. Commonly, a fraud might take the form of a person lying to the deceased to convince them to exclude someone from their Will.
- The deceased did not have mental capacity at the time the Will was made – this is a complex area but, broadly, the deceased needs to have been able to understand what they were doing, what was in their estate and the various claims they should consider.
- The deceased did not know and approve of the Will’s contents – a person needs to know what is in their Will when they sign it and, if they did not, their Will might be invalid.
- The Will was the result of undue influence by another person. For example, if a relative or friend puts pressure on someone to change their Will, this can invalidate it in certain cases.
The first step to challenging a Will is to enter a caveat, which prevents a grant of probate or administration from issuing. It is then, ultimately up to the court to decide whether the Will is valid or not based on the available evidence.
What are the grounds for contesting a Will?
The validity of a Will can be challenged for the following reasons:
- It was not properly executed – the law has strict requirements for the execution of Wills and, if these requirements have not been followed, a Will may be invalid.
- The Will is a forgery or a fraud – sometimes Wills are forged and this can be proved using expert evidence. Commonly, a fraud might take the form of a person lying to the deceased to convince them to exclude someone from their Will.
- The deceased did not have mental capacity at the time the Will was made – this is a complex area but, broadly, the deceased needs to have been able to understand what they were doing, what was in their estate and the various claims they should consider.
- The deceased did not know and approve of the Will’s contents – a person needs to know what is in their Will when they sign it and, if they did not, their Will might be invalid.
- The Will was the result of undue influence by another person. For example, if a relative or friend puts pressure on someone to change their Will, this can invalidate it in certain cases.
The first step to challenging a Will is to enter a caveat, which prevents a grant of probate or administration from issuing. It is then, ultimately up to the court to decide whether the Will is valid or not based on the available evidence.
What is the success rate of contesting a Will?
The success of a challenge to the Will depends on the evidence available. In our experience, the majority of claims are settled before trial and settlement depends on the strength of each party’s evidence and the approach taken by each side. We can help you gather evidence and advise you on the strength of a claim to challenge the validity of a Will.
How much does it cost to contest a Will?
Costs depend on how far a claim progresses. If a claim settles at an early stage, the costs are generally limited however, if a claim progresses to a trial, costs can be significant. Our aim is to provide cost-effective advice throughout the entire process. Many disputes are suitable for alternative dispute resolution, which can include negotiation and mediation, which, if successful, typically save costs compared to litigation.
Who pays to contest a Will?
Who ultimately pays the costs must either be agreed or decided by the court. As with most litigation, the general rule is that the successful party recovers their costs from the unsuccessful party so, if a challenge to a Will succeeds, claimants can usually expect to recover their costs either from the estate or from those who opposed the claim. On the other hand, if a challenge to a Will is unsuccessful, you might be ordered to pay the other party’s costs. There are multiple considerations when determining costs liability and we provide advice on these at every stage of a dispute.
How do I enter a caveat on line?
Caveats can be entered by visiting the government’s website page on stopping a probate application. It costs £3 to enter a caveat.
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