Will disputes – challenging validity and understanding legal grounds

Will disputes are a complex and sensitive area of law, often arising during what is already an emotional time for families. If someone believes a Will does not reflect the true intentions of the deceased or is unlawful in some way, it may be necessary to challenge its validity. Our Dispute Resolution Solicitors can help guide you through the relevant legal grounds for contesting a Will in this jurisdiction, England and Wales.

The law surrounding disputes over Wills centres on whether a Will is legally valid and can be said to reflect the genuine wishes of the testator (the person who made the Will). Concerns arise over undue influence, possibly a lack of mental capacity, or even forgery, all reasons why a Will might be challenged. Understanding the position is crucial for anyone involved in a contentious probate scenario.

Legal grounds to challenge a Will

A Will can be disputed on several legal grounds, including the following:

• Lack of testamentary capacity – the testator did not have sufficient mental capacity to make a Will.
• Lack of valid execution – the Will was not properly executed according to strict legal requirements, for example it was not signed or witnessed.
• Undue influence – someone unlawfully exerted pressure either directly or indirectly on the testator, causing the person to make their Will in a certain way.
• Fraud or forgery – the Will is not genuine or has been tampered with.
• Lack of knowledge and approval – the testator did not understand or approve the contents of their Will.

Who can contest a Will?

Typically, those eligible to challenge a Will include the categories of persons who might reasonably have expected to inherit from the deceased person:

1. Spouses or civil partners.
2. Children (including adult children).
3. People who were financially dependent on the deceased.
4. Anyone mentioned in a previous Will.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals (such as spouses, or children or dependents) to claim reasonable financial provision if the Will fails to make adequate provision for them.

Time limits for challenging a Will

Time limits vary depending on the nature of the claim:

• Claims under the 1975 Act – 6 months from the date probate is granted.
• Fraud or forgery – No specific time limit.
• Validity challenges – Should be made before probate is granted, if possible.

How to start a Will dispute

The typical process for disputing a Will involves:

1. Gathering evidence to support your claim (e.g., medical records, witness statements).
2. Entering a caveat at the Probate Registry to prevent probate from being granted.
3. Sending a letter of claim setting out the position.
4. Attempting mediation or negotiation.
5. Issuing court proceedings, i.e. if a settlement cannot be reached.

Role of mediation in Will disputes

Mediation is often encouraged to resolve inheritance disputes without the need for litigation. It is usually faster and more cost-effective than going to court and may assist to preserve family relationships moving forward.

• Confidential discussions facilitated by an independent mediator.
• Helps both sides understand each other’s positions.
• Can result in legally binding agreements.

Expert Insights

Legal experts typically recommend:

• Ensuring a Will is professionally drafted and executed.
• Seeking medical evidence when capacity is in doubt.
• Keeping detailed notes and records if you expect a challenge.
• Acting swiftly if you plan to contest a Will.

Benefits and challenges of Will disputes

• Benefits:
  • Can rectify injustice or fraud.
  • Helps dependants receive fair provision.
  • May uphold the deceased’s true intentions.
• Challenges:
  • Emotionally and financially draining.
  • Legal costs can be substantial.
  • Can damage family relationships.

Experienced and skilled litigators

Our litigation specialists are experienced in helping those who wish to challenge the validity of a Will. Perhaps you have been left out of a Will, or haven’t been left what you were expecting, or you believe there is something wrong with the Will or the way it has been administered. Our aim is to give you the perspective you need to make informed decisions about how to move forward.

Contact us for more information.

FAQs

What are Will disputes?

Will disputes refer to legal challenges regarding the validity or contents of a deceased person’s Will. These disputes often arise from issues such as undue influence, fraud, or lack of capacity.

What are the legal grounds for challenging a Will?

Common legal grounds include:

1. Lack of testamentary capacity
2. Improper execution
3. Undue influence
4. Fraud or forgery
5. Lack of knowledge and approval

Who can contest a Will in England and Wales?

Spouses, children, financial dependants, and those named in earlier Wills may be eligible to contest a Will.

Is there a time limit to contest a Will?

Yes. For claims under the Inheritance Act 1975, the limit is six months from the grant of probate.

What happens if a Will is found invalid?

If a Will is declared invalid, the estate is distributed according to the previous valid Will or, if none exists, under the rules of intestacy.

What is the process for disputing a Will?

The process includes:

1. Entering a caveat
2. Gathering evidence
3. Sending a claim letter
4. Negation
5. Mediation
6. Litigation, if no other option presents itself

This article was produced on the 4th August 2025 for information purposes only and should not be construed or relied upon as specific legal advice.