Legal service
Contesting A Will Solicitors
A concern about how a will was made needs more than disagreement with its gifts. A validity challenge examines the deceased's capacity, the signing process and whether the document reflects their own informed decision. Highfin handles disputed probate; this page explains will challenges in England and Wales and the evidence needed to assess them.
Sources checked on . This general information does not assess your individual circumstances.
Establish the document and your interest
Obtain the relevant will, any codicils and earlier versions where available. Check whether a grant has been issued and explain how you would be affected if the disputed document were upheld or rejected. Dates, changes in beneficiaries and the circumstances of preparation provide context, but an unexpected gift is not proof of invalidity.
Clarify whether the concern is validity, interpretation, a drafting error or inadequate financial provision. These can require different claims. An executor's later handling of an otherwise valid will is usually an administration issue.
Check signing and witnessing
The ordinary Wills Act formalities require a written will signed by the testator, or by another person in their presence and at their direction, with the intention of giving effect to the will. The signature must be made or acknowledged before two witnesses present at the same time. Each witness must attest and sign, or acknowledge their signature, in the testator's presence.
Inspect the document and obtain evidence about what actually happened rather than treating a missing detail in recollection as decisive. Special cases and historical execution arrangements need separate advice; temporary video-witnessing provisions should not be treated as the ordinary current procedure.
Assess capacity for this will
The testamentary-capacity test considers whether the person understood the nature and effect of making a will, the extent of their property and the claims they ought to consider, without a relevant disorder or delusion influencing the disposition. It concerns the ability to make the will in question, not a general assessment of whether someone could manage every aspect of life.
Medical records, the will drafter's notes, witness accounts and the chronology may help assess capacity at the relevant time. Age, a diagnosis or an apparently unfair decision does not by itself establish incapacity. The evidential presumptions and burden of proof need case-specific analysis.
Distinguish knowledge, coercion and fraud
Knowledge and approval concern whether the person understood and approved the will's contents. This differs from having capacity to make a will. Instructions, drafts, how the document was explained and any suspicious circumstances may be important to the assessment.
Undue influence in making a will involves coercion that overbears the person's free will, not simply persuasion or a close relationship. The person alleging it must prove it; inference from the evidence may be possible, but suspicion alone is insufficient. Forgery or fraud allegations likewise require a proper evidential basis and clear particulars.
Preserve evidence and assess the grant position
Keep correspondence, messages, copies of documents and a dated account of relevant events. Identify the drafter and witnesses and seek advice on obtaining their records and any medical evidence through an appropriate lawful process. Do not alter originals or assume that a relative is entitled to every confidential record.
Before a grant, a caveat may protect the position while a genuine validity issue is investigated. It starts with a six-month period, subject to extension and the warning procedure. A warning can require a response within 14 days of service under the current rules. Entering an appearance has continuing consequences and should not be treated as a routine objection form; the correct response depends on the person's interest. After a grant, different steps may be needed, including a claim seeking revocation.
Choose the claim and check its own deadline
A pure challenge to validity is different from an application for reasonable financial provision. The latter ordinarily has a six-month period from the relevant first grant, with late applications requiring permission under the 1975 Act. It is not a universal deadline for challenging every will.
Do not assume that a validity challenge can safely wait. The relief sought, related claims, prior proceedings, distribution and delay may affect the position. CPR Part 57 provides specific probate-claim requirements, including pleading the grounds and dealing with testamentary documents. A caveat or settlement discussion does not replace compliance with court deadlines.
Consider what a successful challenge would achieve
If a will is rejected, an earlier valid will or the intestacy rules may govern the estate, depending on the circumstances. Proving one concern does not guarantee the challenger receives the estate or a particular share. The position of all affected beneficiaries and any grant already issued must be considered.
Negotiation or mediation may narrow the dispute or lead to a settlement, but participation does not require agreement. Evaluate the evidence and costs exposure before proceedings. A court outcome and payment of costs from the estate are not guaranteed.
Official guidance
- Information for an initial enquiry
- Identify the disputed will, the grounds of concern, your interest, the grant position and any warning or court documents. Describe available evidence without sending highly sensitive records through an initial website enquiry.
- Confirm the proposed work
- Highfin's handling of the particular challenge, investigation steps, fees and funding arrangements need to be agreed. This page does not promise a result, specialist accreditation or a funding option.
Frequently asked questions
Your questions
Can a will be challenged just because it seems unfair?
Unfairness alone does not make a will invalid. A validity challenge needs legal grounds supported by evidence. Financial provision for an eligible applicant is a separate statutory question.
Does dementia automatically invalidate a will?
No. A diagnosis does not answer the testamentary-capacity question by itself. The assessment concerns the relevant abilities and circumstances when the will was made, supported by the available evidence.
Is persuading someone to change a gift always undue influence?
No. Persuasion is different from coercion that overbears free will. The court assesses the evidence, and a close relationship or opportunity to influence does not alone prove the allegation.
Does entering a caveat decide whether the will is valid?
No. It is a procedural step affecting the grant, subject to the rules and exceptions. It can be challenged and may lead to costs. The validity dispute still needs resolution through agreement or the appropriate proceedings.
Would overturning the latest will make me the beneficiary?
Not necessarily. The effect of an earlier valid will, any remaining valid provisions and the intestacy rules must be considered. Assess the likely legal result before committing to a challenge.
Your next step · Contesting a Will
Let’s start with
a conversation.
Enquire about Contesting a Will using the Contact page enquiry section.
Use the enquiry form or our telephone or email contact details.
View enquiry formReturn to Wills & Probate