Contesting a Will

If you believe there may be something wrong with a loved one's Will, our specialist solicitors can help you establish whether there are grounds to contest a Will it and what you should do next. 

Challenging a Will can be difficult for everyone involved. Disputes often arise at an already emotional time and can raise uncomfortable questions about a loved one's intentions, their mental capacity or the influence of people around them. 

Our Contentious Trusts & Probate team advises people seeking to contest a Will, as well as executors and beneficiaries responding to a challenge. 

We are ranked Tier 1 for Contentious Trusts & Probate in the North West by The Legal 500 and advise clients throughout England and Wales from our offices in Chester, Shrewsbury, Altrincham and the Wirral. 

We know that these disputes are rarely just about money. Our priority is to understand what has happened, what matters most to you and whether the evidence supports a challenge. We can then put a clear strategy in place to protect your position and resolve the dispute as effectively as possible. 

Early advice can make a real difference, particularly where probate has not yet been granted or important evidence may need to be preserved. 

Speak to a Solicitor about Contesting a Will

What are the grounds for contesting a will? 

Feeling that a Will is unfair is not, on its own, enough to make it invalid. There must be a recognised legal ground for challenging it. 

A Will may be open to challenge where there are concerns about: 

• How it was signed and witnessed:  The Will may not have been executed correctly. 
• Testamentary capacity: The person making the Will may not have understood what they were doing or the effect of the Will. 
• Undue influence: Someone may have placed unacceptable pressure on the person making the Will. 
• Knowledge and approval: The person may not have understood or approved the contents of the Will. 
• Fraud or fraudulent calumny: Deliberate deception may have affected the deceased's decisions. 
• Forgery: The Will itself, or a relevant signature, may not be genuine. 

It is not unusual for families to have suspicions about how a Will came about without yet knowing whether those concerns amount to a legal challenge. 

We can investigate the circumstances in which the Will was prepared and give you a clear view of whether there is evidence worth pursuing. 

For more detail, our guide on how to challenge a Will explains the main legal grounds and practical steps involved. 

Who can contest a will? 

You will usually need a genuine legal or financial interest in what happens to the estate. 

For example, you may have standing to challenge a Will if you: 

• Are named as a beneficiary in the current Will; 
• Were a beneficiary under an earlier Will; or 
• Would inherit under the intestacy rules if the disputed Will were found to be invalid. 

Before encouraging you to pursue a dispute, we will look at what would actually happen if the challenge succeeded. 

An earlier valid Will may take effect. If there is no earlier valid Will, the estate may instead pass under the intestacy rules. 

Understanding that outcome at the beginning can help you make an informed decision about whether a challenge is worth pursuing. 

How do you contest a will? 

No two Will disputes are exactly the same. The right approach will depend on the concerns you have, the available evidence, what has happened with the estate so far and what you ultimately want to achieve. 

Typically, we will consider the following. 

Understanding what has happened 

The first step is to listen to your concerns and establish whether they point towards a recognised ground for challenging the Will. 

Sometimes the position becomes clearer quickly. In other cases, further investigation is needed before anyone can give meaningful advice about the prospects of success. 

Protecting the estate 

If probate has not yet been granted, it may be appropriate to enter a caveat at the Probate Registry. 

A caveat can prevent a Grant of Probate being issued while concerns about the Will are investigated. It initially remains in place for six months and can be renewed. 

A caveat is not appropriate in every situation, so we will advise whether it is the right step rather than using one simply to delay the administration of the estate. 

Gathering the evidence 

The evidence needed will depend on the nature of the challenge. 

This might include: 

• The solicitor's Will preparation file; 
• Medical and care records; 
• Earlier Wills; 
• Evidence from the witnesses to the Will; 
• Letters, emails or other correspondence; 
• Evidence from family members or people who knew the deceased; and 
• Expert medical evidence where mental capacity is in question. 

The available evidence can substantially change the strength of a case. Our guide to what affects the success of contesting a Will explains some of the issues we consider when assessing a potential challenge. 

Trying to resolve the dispute 

Once the position is clearer, we will consider whether the dispute can be resolved through correspondence, negotiation or mediation. 

Where a sensible settlement is achievable, resolving matters without a final court hearing can save considerable cost, time and uncertainty. 

Court proceedings 

Although we explore all suitable avenues for a satisfactory resolution, sometimes proceedings cannot be avoided. 

If the validity of the Will needs to be determined by the court, we can guide you through the process and work with specialist barristers and other experts where required. 

At every stage, we will keep the legal merits, likely costs and outcome you are seeking clear. 

Is there a time limit for contesting a will? 

There is no single fixed statutory limitation period for a straightforward claim asking the court to declare a Will invalid. 

However, waiting can make matters considerably more difficult. 

Once probate has been granted, executors can begin administering and distributing the estate. Witnesses can become harder to trace, memories fade and relevant medical or other evidence can become more difficult to obtain. 

Where you have genuine concerns about a Will, it is usually better to investigate them sooner rather than later. 

If you are unsure whether you need to act immediately, speak to our team and we can explain what steps, if any, should be taken to protect your position. 

Can you contest a will after probate has been granted? 

Yes, in some circumstances. 

A Grant of Probate does not automatically prevent a challenge to the validity of a Will. However, the situation can become more complicated once the administration of the estate is underway. 

Executors may already have collected, transferred or distributed assets to beneficiaries. 

If you are worried about a Will and probate has already been granted, we can establish what has happened to the estate and advise on the options that remain available. 

What happens if a will is successfully contested? 

If a Will is found to be invalid, it will no longer determine how the estate is distributed. 

An earlier valid Will may take its place. If there is no earlier valid Will, the estate will generally pass under the intestacy rules. 

That is why one of the first things we will consider with you is what success would actually mean in practical terms. 

Challenging a Will can involve significant time, cost and emotion. Before pursuing a claim, you should understand both the legal prospects and whether the eventual result is likely to achieve what you want. 

What if the will is valid but I have been unfairly treated? 

Sometimes there is nothing legally wrong with the Will itself, but its effect leaves someone feeling that inadequate provision has been made for them. 

That requires a different approach. 

Certain spouses, civil partners, cohabitees, children and people who were financially dependent on the deceased may be able to bring an Inheritance Act 1975 claim. 

An Inheritance Act claim does not usually argue that the Will is invalid. Instead, it asks whether reasonable financial provision should be made from the estate. 

The time limits are also different, so it is important to establish which type of claim you may have at an early stage. 

Where the position is not clear-cut, we will look at the wider circumstances rather than trying to fit the dispute into the wrong legal category. 

What if I was promised property or another asset? 

A dispute after someone's death does not always centre on the validity of their Will. 

For example, you may have been promised a house, land, a farm or another asset and made important decisions in reliance on that promise, only to discover that the Will does not reflect what you were told. 

In those circumstances, a proprietary estoppel or trust claim may need to be considered. 

These cases can overlap with Will disputes, particularly where family property, farming businesses or long-standing arrangements are involved. 

We will consider the overall position and advise on the claim that best reflects what has actually happened. 

Defending a contested will 

Being told that someone intends to challenge a Will can be unsettling, particularly if you are responsible for administering the estate or your inheritance is at risk. 

We advise executors, personal representatives and beneficiaries as well as those bringing a Will challenge. 

If you are an executor, your duties to the estate need to be considered carefully. This can become particularly difficult if you are also a beneficiary or if you personally have concerns about the validity of the Will. 

Our guide to whether an executor can challenge a Will explains some of the conflicts and responsibilities that can arise. 

Beneficiaries may also need independent advice about whether to actively defend a challenge, seek further evidence or explore a settlement. 

Where the disagreement relates to the way the executor is dealing with the estate rather than the validity of the Will, our estate administration dispute solicitors can advise on the appropriate next steps. 

What does it cost to contest a will? 

Cost is understandably one of the first concerns for many clients. 

Will disputes can become expensive if they involve substantial evidence, expert reports or court proceedings. Our solicitors will discuss the likely financial implications with you from the outset following an assessment of your case. 

The cost will depend on matters such as: 

• The complexity of the challenge; 
• The evidence that needs to be obtained; 
• The value and structure of the estate; 
• How the other parties respond; 
• Whether expert evidence is required; and 
• Whether agreement can be reached without court proceedings. 

It is also important to understand that legal costs are not automatically paid by the estate. 

Our aim is to give you enough information about cost and risk to make sensible decisions as the matter progresses. 

We offer different ways of funding appropriate cases. You can read more about our Contentious Trusts & Probate funding options in our guide. 

Can a will dispute be settled without going to court? 

Yes. Many can. 

Family disputes after a death can quickly become entrenched, particularly where people have very different views about what the deceased intended or what is fair. 

Court proceedings are not always the best way to resolve that disagreement. 

Where appropriate, we will explore negotiation and mediation with you and consider whether an acceptable settlement can be reached without a final court hearing. 

That does not mean settling at any cost. It means weighing the evidence, the risks, the expense of continuing and the outcome you want. 

If court proceedings are necessary to protect your position, we are equally comfortable pursuing or defending the case through litigation. 

Why choose Aaron & Partners solicitors to contest a will? 

Will disputes combine technically complex law with circumstances that can be deeply personal. 

You need clear advice about the legal position, but you also need solicitors who understand that the dispute may involve family relationships, grief, longstanding disagreements and assets that have significance beyond their financial value. 

Aaron & Partners is ranked Tier 1 for Contentious Trusts & Probate in the North West by The Legal 500, recognising the strength and depth of our specialist practice. 

Our team regularly advises on: 

• Testamentary capacity; 
• Undue influence; 
• Knowledge and approval; 
• Fraud, forgery and fraudulent calumny; 
• Complex and high-value estates; 
• Agricultural and family business assets; 
• Cross-border estates; 
• Claims brought by beneficiaries and family members; and 
• Challenges defended by executors and beneficiaries. 

Our approach is partner-led, personal and practical. 

We will take the time to understand what has happened and what you want to achieve, give you a clear assessment of your position and work with you on the most appropriate strategy. 

James Wallace, Partner and Head of Wills, Trusts and Tax, leads the team and advises on complex and high-value estate and trust disputes, including contested Wills and disputes with overseas or cross-border elements. 

Challenge a will in England and Wales 

We advise clients throughout England and Wales and can meet with you by video or telephone where that is more convenient. 

For those who would prefer to meet in person, we provide contentious probate advice through our Chester and Shrewsbury office with appointments also available from our Altrincham office and Wirral office. 

This means clients across Cheshire, Shropshire, Greater Manchester, the Wirral and further afield can access the same specialist team. 

When you contact us, we will discuss your concerns, establish what stage the estate has reached and explain what, if anything, needs to happen next. 

Frequently asked questions about contesting a will 

Can I contest a Will because I have been left out? 

Not simply because you have been left out. 

There needs to be a recognised legal ground for challenging the validity of the Will, such as lack of testamentary capacity, undue influence, lack of knowledge and approval, fraud, forgery or a problem with the way the Will was executed. 

If the Will is valid but you believe it has failed to make reasonable financial provision for you, an Inheritance Act claim may be more appropriate. 

How long do I have to contest a will? 

There is no single fixed statutory limitation period for a straightforward Will validity challenge. 

However, it is sensible to act promptly. Evidence can become harder to obtain and the estate may be distributed if the administration is allowed to progress. 

Can I contest a will after probate? 

Potentially, yes. 

It may still be possible to challenge the Will after probate has been granted, but the position can become more complicated once executors have begun dealing with the estate. 

What happens if a will is successfully contested? 

An earlier valid Will may take effect. 

If there is no earlier valid Will, the estate may instead pass under the intestacy rules. 

Can an executor contest a will? 

Potentially, but an executor needs to consider their duties to the estate and any conflict between those duties and their personal position. 

We would recommend obtaining advice before taking action. 

Can you contest a will while someone is still alive? 

Ordinarily, no. A Will does not take effect until death and can generally be changed or revoked by the person who made it during their lifetime. 

If you are worried about someone's capacity, vulnerability or possible undue influence while they are still alive, different legal issues and options may apply. 

Do will disputes have to go to court? 

No. 

Many Will disputes are resolved through correspondence, negotiation or mediation. Whether that is appropriate will depend on the evidence, the parties involved and what you want to achieve. 

Speak to a contesting a will solicitor 

If something about a Will does not feel right, you do not need to know the precise legal ground before speaking to us. 

Tell us what has happened and why you are concerned. We can help you establish whether there is a legal basis for challenging the Will, what evidence may be needed and whether any immediate action should be taken. 

If you are an executor or beneficiary facing a challenge, we can equally help you understand your responsibilities and protect your position. 

Speak to Our Contentious Trusts & Probate Team