Contesting a will in England & Wales — grounds, deadlines and the 1975 Act
Quick answer: A UK will can be challenged either by attacking its validity (it isn't really the deceased's will) or by claiming reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
A UK will can be challenged either by attacking its validity (it isn't really the deceased's will) or by claiming reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. Each route has different grounds, evidence and time limits.
Last reviewed:
Primary source: https://www.legislation.gov.uk/ukpga/1975/63
Grounds to attack validity
Lack of testamentary capacity: the testator did not satisfy the four-part Banks v Goodfellow test at the moment of signing. Medical records, GP notes and contemporaneous solicitor attendance notes are the core evidence.
Undue influence: someone coerced the testator into making the will. This is hard to prove — mere persuasion is not enough — and the burden of proof sits on the person challenging.
Want of knowledge and approval: the testator did not understand or approve the contents. Often raised where the main beneficiary helped prepare the will (the 'Larke v Nugus' suspicious circumstances test).
Improper execution: the s9 formalities were not met (no signature, only one witness, witnesses not present together). Forgery is the extreme form.
1975 Act claims for reasonable provision
Eligible categories: spouse / civil partner, former spouse who has not remarried, child of the deceased (including adult children), child treated as a child of the family, cohabitant of 2+ years, and anyone maintained by the deceased immediately before death.
The court considers a statutory list of factors including the size of the estate, the claimant's needs and resources, the obligations of the deceased, and any disability. Spouses get the highest standard ('what would be reasonable in all the circumstances', not just maintenance).
The 6-month deadline runs from the date of the grant — not the date of death — and is policed strictly. Issue protectively even if negotiations are continuing.
Caveats, costs and the practical path
If you suspect a validity issue, enter a caveat at the Probate Registry to prevent a grant. A 'warning' from the proposed executor forces you to enter 'appearance' setting out your interest, after which the matter usually moves into formal litigation.
Costs in will disputes are unpredictable. The general rule is loser pays, but in capacity and knowledge-and-approval cases the costs may be paid out of the estate where the testator's own conduct caused the dispute.
Mediation resolves most contested estates without trial. The court will expect proportionate attempts at settlement and may penalise an unreasonable refusal in costs.
Common questions
- Can adult children claim under the 1975 Act?
- Yes. Ilott v The Blue Cross [2017] UKSC 17 confirmed adult children can claim, but the bar is high — they generally need to show financial need and some moral obligation. A successful adult-child claim is the exception, not the rule.
- What does it cost to contest a will?
- Solicitor costs in a contested probate matter routinely reach £25,000–£100,000+ if it goes to trial. Many firms offer a fixed fee for initial advice; some take 1975 Act claims on a conditional fee. Always get a costs estimate in writing before instructing.
- Can I challenge a will after probate has been granted?
- Validity challenges become much harder once probate is granted because the estate may already be distributed. Acting before the grant — by entering a caveat — is far more effective. 1975 Act claims still run for 6 months after the grant.