CONTESTING A WILL: A COMPLETE GUIDE TO CHALLENGING A WILL IN THE UK

Contesting a Will: A Complete Guide to Challenging a Will in the UK

Contesting a Will: A Complete Guide to Challenging a Will in the UK

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Contesting a will in the UK can be an emotionally and legally complex process. Whether you’re an excluded beneficiary or a concerned family member, understanding your rights is crucial. This guide explains how to contest a will, what grounds exist for making a challenge, and the legal procedures you’ll need to follow. If you believe a will is invalid or unjust, it’s essential to act quickly and get expert advice.

At Axis Solicitors, our team of experienced dispute solicitors is here to provide expert legal advice and representation across England and Wales. This guide is designed to empower you with the knowledge to make informed decisions.

Grounds for Contesting a Will in the UK


Contesting a will isn’t just about feeling unfairly treated. UK law recognises specific legal grounds on which a will can be challenged. These grounds are rooted in the principle that a valid will must reflect the free, informed, and voluntary intentions of the person who made it (the “testator”).

Here are the key legal grounds for contesting a will in the UK:

1. Lack of Testamentary Capacity


To make a valid will, the testator must have had the mental capacity to:

  • Understand the nature and effect of making a will

  • Know the extent of their estate

  • Recognise and consider potential beneficiaries

  • Not be suffering from any mental illness that distorted their judgment


This is known as the Banks v Goodfellow test. If there’s evidence of dementia, psychiatric illness, or cognitive decline at the time the will was made, it may form the basis for a challenge.

2. Lack of Proper Execution


A will must meet the requirements set out in the Wills Act 1837, which include:

  • It must be in writing

  • It must be signed by the testator (or someone authorised to sign on their behalf)

  • The signature must be made or acknowledged in the presence of two witnesses

  • Both witnesses must be present at the same time and sign the will in the presence of the testator


If these conditions are not met, the will may be considered invalid.

3. Undue Influence


If someone exerted pressure on the testator to change their will in a way that does not reflect their true intentions, it may be considered undue influence. This often arises in cases involving:

  • Elderly or vulnerable individuals

  • Isolated testators who rely on caregivers or family members

  • Sudden or unexpected changes in will provisions


Proving undue influence is difficult, as direct evidence is rare. Suspicious circumstances, coercion, or a dominant relationship may help support a claim.

4. Fraud or Forgery


If the will is forged or signed under false pretences, it can be challenged. Common examples include:

  • Fake signatures

  • Substituted pages or altered clauses

  • Wills signed under false information provided to the testator


Expert handwriting analysis or digital forensics may be needed to prove fraud.

5. Lack of Knowledge and Approval


Even if a will is properly signed and executed, it may be invalid if the testator didn’t understand or approve of its contents. This may occur if the will:

  • Was prepared by someone else without full explanation

  • Contains unexpected or unusual provisions

  • Was signed by someone who was blind, illiterate, or otherwise unable to review the document


Suspicious circumstances can trigger this ground for challenge.

6. Inheritance Act 1975 Claims


In some cases, a will may be valid but still unfair. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim “reasonable financial provision” from the estate, including:

  • Spouses or civil partners

  • Children (including adult children)

  • People who were financially dependent on the deceased

  • Cohabiting partners (who lived with the deceased for at least two years)


These claims are not about the validity of the will but rather its fairness and impact on dependants.

Who Can Contest a Will in the UK?


Not everyone can challenge a will. UK law restricts eligibility to those with a genuine interest in the estate or legal standing under probate or inheritance law. Understanding whether you have the right to contest a will is the first step.

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