Can You Challenge a Will? Grounds for Contesting an Inheritance

At RDC Solicitors, we understand that contesting a Will can be an emotionally charged and legally complex decision. Family disputes over estates can lead to distress, delay, and financial burden. That’s why its so important to seek out clear, compassionate, and expert guidance to help you understand when and how you may lawfully contest a Will or claim a share of an estate.

Who Can Bring a Claim?

Not just anyone can challenge a Will. Under UK law, in order to bring any meaningful claim, you must have a vested interest in the estate. Typically, this means you are:

• A surviving spouse or civil partner (current or former),
• A child (including step-child),
• A cohabitee (in some cases, typically where the relationship lasted two or more years),
• A dependent or someone financially maintained by the deceased, or
• Named in the Will or a previous Will.

Without a vested interest, the court will generally not hear your challenge.

Grounds for Contesting a Will

There are two main routes to contesting a Will:

1. Challenging the Validity of the Will

A Will may be declared invalid on several legal grounds:

Lack of testamentary capacity

The person making the will (the testator) must understand what they are doing, the nature and extent of their estate, and who may have claims upon it; they must not suffer from mental disorders impairing judgment.

Lack of knowledge and approval

Even if the testator had capacity, they must have known and approved the content of the Will. Vulnerabilities such as frailty, hearing or literacy issues, or undue reliance on others can cast doubt.

Undue influence or coercion

If the testator was pressured or manipulated into signing the Will, it may be invalid. This ground requires strong evidence that free will was overborne. Merely benefiting someone is insufficient.

Improper execution (failure to follow formalities)

The Will must comply with the formalities set out in Section 9 of the Wills Act 1837—writing, signature, and two witnesses present together. If these are lacking, the Will may be invalid.

Forgery or fraud

Cases of forged signatures or fraudulent drafting can nullify a Will.

Rectification

If the Will doesn’t reflect the true instructions of the testator due to clerical errors or drafting mistakes, a court may correct ("rectify") it, but only within strict time limits.

2. Inheritance (Provision for Family and Dependants) Act 1975 Claims

Even where a Will is valid, it may fail to make reasonable financial provision for those who were dependent on the deceased, especially spouses, children, or those treated as children of the family. In such cases, eligible individuals can bring a claim under the 1975 Act.

Inheritance disputes are rising sharply in England and Wales, with up to 10,000 people disputing Wills each year. Factors include:

• Growing property wealth transferring between generations,
• Complex family structures like blended and second marriages,
• Increased dementia cases affecting capacity,
• The impact of virtual execution during COVID-19,
• Broader awareness of legal rights.

The 1975 Act requires claims to be made within six months of the date of the Grant of Probate or Grant of Letters of Administration.

 It is essential to act quickly and only in certain justified cases may claims be brought later with the permission of the Court.  In certain cases, beneficiaries may bring a claim against an estate within twelve years from the date of the death.  There is no time limit if the Will is fraudulent. It is essential to comply with the time limits.

 You may be able to challenge a Will on the following grounds:-

• A person making a Will was not of sound mind
• A person was pressurised into making or changing a Will
• A person did not understand the terms of the Will
• The Will was not properly signed and witnessed
• The Will is forged
• The Will is made because of fraud
• The Will does not comply with the necessary formalities

It is always better to challenge a Will before the Grant of Probate or Letters of Administration are granted but to do this it is essential that you have the original Will or a copy of it.

If there are genuine grounds you can make an application to the Probate District Registry for a Caveat.  This is a way of stopping the Grant of Probate or Letters of Administration being issued and therefore preventing the Executors getting access to the funds of the estate.

What to Expect When Challenging a Will

If you believe you have grounds to challenge a Will, it is wide to consult a solicitor to get an assessment of whether you have a vested interest and valid grounds to proceed. A review of the Will, family history, and medical or supporting evidence are studied to determine whether protective actions can be taken. For example, a solicitor can lodge a caveat in the Probate Registry to prevent the grant of probate or letters of administration, which halts the distribution of assets while your claim is considered.

Evidence would then be gathered including medical records, solicitor’s notes, witness statements, prior Wills, and any relevant documents to build your case. As litigation is costly and can be stressful, mediation or negotiation should be considered if possible. If resolution fails, it is possible to bring a formal court claim.

How RCD Can Help

Contesting a Will is not about vengeance or entitlement, it’s about fairness and respecting the true intentions of the person who passed. If you're uncertain about your rights or prospects, please contact RDC Solicitors for prompt, clear, and caring legal advice. Contact us today on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511.