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.
A Will can be disputed on several legal grounds, including the following:
Typically, those eligible to challenge a Will include the categories of persons who might reasonably have expected to inherit from the deceased person:
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 vary depending on the nature of the claim:
The typical process for disputing a Will involves:
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.
Legal experts typically recommend:
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.
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.
Common legal grounds include:
Spouses, children, financial dependants, and those named in earlier Wills may be eligible to contest a Will.
Yes. For claims under the Inheritance Act 1975, the limit is six months from the grant of probate.
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.
The process includes:
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.