Disputes & Claims

Disputing a Will

Contesting a Will is never easy. It often comes at a time of grief, when emotions are running high and family relationships may already be under strain. The situation can be made much worse if you feel you weren’t left what you thought you deserved in the Will or that the person who died made the Will under undue influence. 

Get in touch to discuss your options for disputing a Will.

You may have had doubts about the mental state of the person signing the Will or feel they were pressured into signing it by someone else. Contesting a Will has emotional and economic implications, so it is vital to find an expert solicitor sensitive to your needs. But if you believe something isn’t right — whether due to undue influence, fraud or a loved one being left out unexpectedly — you have the legal right to challenge a Will.

Disputing a Will in the UK is a complex process governed by strict legal rules. Having an experienced solicitor to guide you through it is essential — not just for your peace of mind, but to give you the best possible chance of success. Take a look at our free guide to disputing a Will and get in touch to see how we can help you through this difficult time.

Disputing A Will
Your Free Guide

Disputing A Will

Disputed Wills are becoming more commonplace in the UK. In this guide, we cover our 5 key tips to maximising your chances of a successful claim, and how we work with our clients to achieve the best possible outcome.

Frequently Asked Questions about Disputing a Will

If you’re considering contesting a Will, don’t go it alone. Seeking the help of a trusted probate solicitor ensures your case is handled professionally, fairly and with the care it deserves. Here are the most common questions we get asked when clients are contemplating disputing a Will.

When can a Will be contested?

To challenge a Will, you must have valid legal grounds to dispute a Will. These include:

  • Lack of testamentary capacity — The person who made the Will didn’t understand what they were doing due to illness, dementia, or other issues.
  • Undue influence — The person was pressured or coerced into changing their Will.
  • Lack of valid execution — The Will wasn’t signed or witnessed correctly.
  • Fraud or forgery — The Will may have been tampered with or faked.
  • Financial provision claims — You were financially dependent on the deceased and feel the Will hasn’t made reasonable provision for you (under the Inheritance (Provision for Family and Dependants) Act 1975).

Each requires specific evidence, legal insight and a strategic approach — this is where a solicitor’s experience becomes invaluable.

Who can contest a Will?

In the UK, not just anyone can dispute a Will — you must have a legal interest in the estate or a valid reason to bring a claim. Sometimes, an executor or a spouse can change a Will after death. Here’s a breakdown of who can dispute a Will in the UK:

  • A beneficiary under the Will.
  • Someone who is owed money by the deceased.
  • Someone who was promised something by the deceased.

The Inheritance (Provision for Family and Dependents) Act 1975 also sets out who can make a claim for provision to be made for them. For example, if you were part of the family or were being looked after by the deceased, you may be entitled to contest a Will. 

To make a claim under this Act, you must fit into one of the following categories:

  • A spouse of the person who has passed away.
  • A former spouse of the person who has passed away, ONLY if you have not remarried.
  • A partner who lived with the deceased for at least 2 years immediately before the death.
  • A child of the person who has passed away.
  • A person who was treated as a child of the family by the person who passed away.
  • Someone who was supported financially (partly or totally) by the person who has died.
How to contest a Will

Most Will disputes are settled through mediation and do not go to court. Mediation is a voluntary form of negotiation that allows two parties to agree on how to resolve the dispute without involving the courts. This is ideal as dragging a case out in court can be time-consuming and expensive.

However, there are times when meditation does not work, and formal court proceedings are issued to contest a Will. To learn more about the process of contesting a Will, click here.

Is there a time limit when contesting a Will?

There is a strict time limit for contesting a Will, with most claims needing to be made within six months from the grant of probate being issued. In some instances, the court can allow claims beyond this period, but it is important to seek legal advice as soon as possible to find out where you stand.

Can I contest a Will after probate has been granted?

Yes, but it becomes more complicated. If the estate hasn’t been fully distributed, legal remedies like a caveat or injunction can pause the process. If it has been distributed, it may be harder (but not impossible) to recover assets, especially if beneficiaries have already spent them. 

Does contesting a Will go to court?

Not always. Many Will disputes are resolved through negotiation or mediation before reaching trial. A solicitor can help you explore these routes and avoid court if possible. However, if no agreement is reached, the case may go before a judge.

What happens if I win a Will dispute?

If your claim is successful, the court may:

  • Set aside the invalid Will
  • Reinstate an earlier valid Will
  • Redistribute the estate under the rules of intestacy
  • Award you financial provision if you’re a dependent.

The outcome depends on the nature of your claim and the court’s findings.

How to defend a contested Will?

If a family member is contesting a Will, this can cause further stress for you when you’re grieving. We are experts at defending claims such as these, reducing stress and getting the results you want, in and out of the courtroom. We realise this is a highly delicate and personal situation. You can trust us for full confidentiality and support throughout the process of defending a contested Will.

Who pays the legal costs in a Will dispute?

The court decides who pays legal fees when disputing a Will based on the circumstances:

  • If the challenge was reasonable, costs may be paid from the estate.
  • If one party is found to have acted unreasonably, they may be ordered to pay costs.
  • In some settlements, each party pays their own legal fees.
Why choose Burt Brill and Cardens?

Contact our experienced team today for a confidential consultation, and we can help you understand your options and protect your rights. Here’s why working with our solicitors is essential when disputing a Will:

  1. Legal Expertise

Contesting a Will involves applying complex legal rules and understanding historical case law. Our solicitors have the expertise in contentious probate and know how to assess the strength of your claim, gather appropriate evidence and present your case clearly to the other side — or in court.

  1. Avoiding Mistakes

Strict deadlines apply when challenging a Will. For example, claims under the Inheritance Act must be brought within six months of probate being granted. A solicitor ensures these deadlines are met and procedures are followed properly, protecting your right to make a claim.

  1. Minimising Family Conflict

Probate disputes can strain already difficult family dynamics. A BBC solicitor acts as a neutral representative to manage communication and negotiate, where possible, helping to reduce conflict and increase the chances of an out-of-court resolution.

  1. Saving Time and Money

While legal fees are always a consideration, a poorly handled claim can be far more expensive in the long run. Our solicitors help you avoid unnecessary costs by advising whether your claim is likely to succeed, exploring early settlement options and ensuring the process runs efficiently.

  1. Building a Strong Case

Your solicitor will help you build the strongest possible case, whether you’re challenging the Will or defending it. This might include gathering medical records, witness statements, financial documents and expert reports — essential tools in winning or defending a claim.

Get In Touch For a Consultation

If you believe you have the grounds to contest a Will, your next step is to book an initial consultation with one of our expert solicitors to discuss the circumstances involved and your chances of success in your claim. To book your initial consultation now, call us on 01273 604123, email enquire@bbc-law.co.uk or make an enquiry.

Daisy Tester

Daisy is Head of Contentious Probate and Estates and deals with disputed Wills and Estates and TOLATA disputes about jointly owned property.

Read More About Daisy
Daisy and her team picked up my property eviction case with really short notice when I found the court impenetrable. They were easy to communicate with, and got the result I needed while I was overseas. Thank you very much!
Our expertise

Disputing a Will

How to dispute a Will

If a deceased person’s Will does not adequately provide for you, or you think the Will was improperly made, we can help you bring a claim to dispute the Will. Our Disputes team are skilled litigators and are experienced in negotiating successful claims against Wills on behalf of our clients… Learn More

Grounds for disputing a Will

We understand that every situation is different, and that Will disputes can happen for many reasons. It is therefore important to know on what grounds it is possible to contest a Will. Some of the main reasons for contesting a Will are as follows: • The person signing the Will… Learn More

Time Limits for Contesting a Will

There is a strict time limit for contesting a Will. Most claims against a Will must be made within six months from when the Grant of Probate was issued. In some rare cases, the Court has allowed claims beyond this period, but this is highly unusual. It is vital to… Learn More

Defending a disputed Will

If a family member or other person is contesting a Will, this can cause further stress for you at a time when you’re grieving. You may be an Executor, which is already a complicated role to take on, or a beneficiary waiting to receive your inheritance. A claim against a… Learn More
About Burt Brill & Cardens

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Our team includes specialists in a number of legal areas, providing you with the expertise you need when you need it most. Whatever your legal issue, we will take the time to understand your situation and tailor our service to meet your needs.

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