A concern about a will’s validity is different from a claim for financial provision. In England and Wales these can involve different grounds, deadlines and procedures. Identify the issue and seek qualified advice promptly; a general complaint or family disagreement does not itself start a legal claim.
Prepare facts before choosing a legal route
Keep the will, grant details if available and any relevant correspondence.
Write a dated factual timeline, separating what you know from what you suspect.
Ask an adviser which deadline and procedure apply before taking steps that could create costs.
Example first enquiry: “I am concerned about [specific issue]. The grant was issued on [date, if known]. I have [documents]. Please advise which type of claim, if any, is relevant and what deadline needs checking.”
Should I use a caveat for every disagreement about inheritance?
No. The appropriate procedure depends on the dispute. Ask a qualified adviser whether a caveat fits the issue; it is not a general substitute for a financial-provision claim or negotiation.
What if I only have a suspicion and no documents?
Describe the concern honestly and ask how relevant documents can be obtained. Avoid presenting a suspicion as an established fact or sending accusations to a wide family group.
GOV.UK explains the grant and jurisdictional routes. That overview does not determine whether you have grounds to challenge a will or which litigation deadline applies. Understand the probate process before acting
If matching wills are involved, distinguish their wording from any alleged binding arrangement before drawing conclusions about a later change. Mirror wills: what couples should check
What are the grounds for contesting a will?
A challenge to validity says the document should not be treated as the person's will at all. If it succeeds, the estate usually passes under an earlier valid will or, if there is none, under the intestacy rules, as a guide in The Gazette on grounds for contesting a will explains. The main grounds are:
The will was not signed and witnessed properly. Under section 9 of the Wills Act 1837, a will must be in writing and signed by the person making it (or by someone else in their presence and at their direction), they must intend the signature to give effect to the will, and it must be signed or acknowledged in front of two witnesses present at the same time, who then sign in that person's presence.
Lack of testamentary capacity. The person did not have the mental capacity to make a will when they signed it.
Lack of knowledge and approval. The person did not know and approve what the will actually said.
Undue influence. Someone pressured or coerced the person into making the will.
Forgery or fraud. The will, or the signature on it, is not genuine, or the person was deceived.
Capacity is still judged by a test from an 1870 case, Banks v Goodfellow. In broad terms, the person must have understood what making a will means, the extent of what they owned, and who might reasonably expect to benefit, and no disorder of the mind must have distorted their choices. In 2021 the High Court confirmed in Clitheroe v Bond [2021] EWHC 1102 (Ch) that this test remains good law and has not been replaced by the Mental Capacity Act 2005. The Law Commission's Modernising Wills Law report of 16 May 2025 recommends replacing it with the Mental Capacity Act test and making undue influence easier to establish, but these are recommendations only, and the government is still reviewing them.
Knowledge and approval often comes up where something about the will's making looks unusual. Examples include someone with sight or literacy difficulties, or a will drafted on instructions given entirely by a relative who benefits. Undue influence is generally the hardest ground to prove: it generally needs evidence of actual coercion, not just that someone had the opportunity to influence. Not every disappointing will is an invalid one.
Can a will be corrected instead of overturned?
Sometimes the problem is a mistake, not a dispute. Under section 20 of the Administration of Justice Act 1982, a court can rectify a will that fails to carry out the person's intentions because of a clerical error or because the drafter did not understand their instructions. The application must normally be made within six months of the first grant of representation, unless the court gives permission to apply later.
If everyone who benefits agrees that the estate should be shared differently, there may be no need for court at all. Beneficiaries can redirect what they inherit with a deed of variation, made in writing within two years of the death, the time limit set by section 142 of the Inheritance Tax Act 1984.
Who can claim under the Inheritance Act 1975?
The second route accepts that the will is valid but says it does not make reasonable financial provision for you. The same applies where there is no will and the intestacy rules leave you without enough. Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 applies where the person died domiciled in England and Wales and lists who can apply:
a spouse or civil partner
a former spouse or civil partner who has not remarried or formed a new civil partnership
someone who lived with the person in the same household, as if married or in a civil partnership, for the whole of the two years before the death
a child of the person, of any age
someone treated by the person as a child of the family
anyone who was being maintained, wholly or partly, by the person immediately before the death
A spouse or civil partner can ask for what is reasonable in all the circumstances, whether or not they need it for their maintenance. Everyone else is limited to what is reasonable for their maintenance. When deciding, the court weighs the factors in section 3 of the Act, including the financial needs and resources of the applicant and the beneficiaries, the size of the estate, any obligations the person had, any disability, and conduct.
The Supreme Court's decision in Ilott v The Blue Cross [2017] UKSC 17 shows how this works for adult children. An estranged daughter left out of her mother's will in favour of charities was awarded £50,000 by the first judge. The Court of Appeal raised that to about £163,000, and the Supreme Court restored the £50,000 award, stressing that the maintenance limit gives weight to a person's freedom to choose who inherits. Adult children can claim, but success is not automatic.
What is the time limit for contesting a will?
For a 1975 Act claim, section 4 sets a limit of six months from the date the grant of representation is first taken out. The court can allow a late claim, but only with its permission, and you should not count on it. A claim can also be made before probate is granted. The six months matter for executors too: under section 20, an executor who distributes the estate after that period is not personally liable just because a late claim might have been made. That is why many executors wait before paying out.
A challenge to validity is not tied to the 1975 Act's six-month limit, but delay still works against you. Once the estate has been distributed, getting money or property back is much harder. If you have doubts, write them down with dates and names while memories are fresh, and speak to a solicitor who specialises in contentious probate as early as you can.
How do you stop probate while you dispute a will?
You can enter a caveat. GOV.UK explains that a caveat stops a grant of probate being issued on the estate for six months, and it can then be extended for another six months. It costs £4 to apply for a caveat online or by post with form PA8A. The extension also costs £4, and you can only apply when the caveat is due to expire within a month.
A caveat is a holding step, not a claim. If the person applying for probate disagrees, they can issue a warning. According to GOV.UK's guidance on what happens next, you then have 14 days, including weekends and bank holidays, to respond by entering an "appearance", which you can only do if you have a contrary interest, such as believing the will is invalid. If you do nothing, the applicant can ask for the caveat to be removed. GOV.UK also warns that entering a caveat can lead to legal action and legal costs, and suggests trying to reach an agreement first.
How much does it cost to contest a will?
There is no fixed price. Costs depend on how complex the facts are, how much evidence is needed (medical records, the will-writer's file, witness statements) and whether the case settles early or goes to trial. Litigation costs can quickly become a large share of a modest estate, and a failed claim, particularly one alleging undue influence, can bring serious costs consequences.
Ask any solicitor for a written estimate and an explanation of the funding options they offer. Before spending heavily, ask yourself what you realistically want: a share of the estate, a specific item, or recognition. That will shape whether a negotiated outcome is better than a court decision.
Can a will dispute be settled without going to court?
Many can, and it is often the kinder route for a family that still has to live with each other afterwards. Disputes are commonly resolved through solicitors' correspondence, a round-table meeting, or mediation, where a neutral mediator helps everyone reach an agreement. Any settlement that changes who inherits can be recorded in a deed of variation or a court order. If you are the executor of a will facing a dispute, it is usually wise to stay neutral, keep the estate's assets safe and hold back from distributing anything that is in question until you have taken advice.
How is contesting a will different in Scotland and Northern Ireland?
Scotland has no direct equivalent of the 1975 Act, because Scots law protects close family in a different way. A surviving spouse or civil partner and children have "legal rights" to part of the moveable estate, whatever the will says. HMRC's Inheritance Tax Manual (IHTM12221) sets these out: where there is a spouse or civil partner and children, the spouse or civil partner can claim one third of the moveable estate and the children, between them, another third. Where only a spouse or civil partner, or only children, survive, that share is one half. Gifts in the will only take effect after legal rights have been met. The Scottish Government's guide to what to do after a death in Scotland adds that someone entitled under the will and to legal rights cannot have both, and must choose between them.
Northern Ireland has its own family provision law, the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979, which also sets a six-month limit from the first grant of representation. GOV.UK notes that caveat rules are different in Scotland and Northern Ireland too, so use a solicitor qualified in the right jurisdiction.
Frequently asked questions: Contesting a will
Can I contest a will if I was left out completely?
Being left out is not in itself a ground. You would need to show that the will is invalid, or that you fall within one of the 1975 Act categories and the estate does not make reasonable financial provision for you.
Can I contest a will after probate has been granted?
Yes. A 1975 Act claim is normally brought within six months of the grant, and a validity challenge can be raised after probate, although it becomes harder once the estate has been distributed.
Does a caveat mean I am contesting the will?
No. A caveat only pauses the grant of probate for six months while you get advice or try to reach agreement. The dispute itself is decided separately, by agreement or by the court.
Do I need a solicitor to contest a will?
You can enter a caveat yourself, but will disputes turn on evidence and strict time limits. Advice from a solicitor experienced in contentious probate is usually worth getting early.
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