Disputing a Will

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.

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.

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.

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.

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. 

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.

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.

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.

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.

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.

2. 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.

3. 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.

4. 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.

5. 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.

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.