Disputing a Will

Helping you to understand the grounds for contesting or disputing a Will

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Contesting a will in the UK

Dealing with a death is one of the hardest things a family can go through. When it comes to a loved ones’ will, you want their assets distributed true to their wishes in a fair manner. But you may have concerns about the will. Whether you believe the Will doesn’t reflect the deceased’s true wishes, or if you were left out unfairly, contesting or disputing a Will could be an option.

Key Contact

David Patterson

Partner and Head of Contentious Probate

Grounds for disputing a Will

Mental capacity: If the deceased was not in a sound state of mind when creating the will, such as if they were suffering from dementia or another mental condition, this could be grounds for disputing a Will.

Lack of due execution: A Will must be signed and witnessed correctly. If it wasn’t, the Will could be invalid. This includes issues such as the testator not signing in the presence of two witnesses or if those witnesses didn’t sign the Will themselves.

Unfair financial provision: In some cases, you may feel you were unfairly left out of the Will. If you were financially dependent on the deceased, you might be able to make a claim under the inheritance (Provision for family and dependents) Act 1975.

Undue influence or duress: If it is believed that the deceased was coerced or pressured into creating or altering a Will, this could make the Will void.

Fraud or forgery: If the will has had an unauthorised change or a fraudulent signature, you may have grounds for disputing a Will.

Rectification and construction: If the will is unclear or ambiguous, it may not accurately reflect the testator’s intentions.

Lack of approval or knowledge of the will: The meaning or content of the will is not clear.

Who can contest a Will?

Anyone with a potential interest in the estate can go through with disputing a Will. This typically includes:

Family members, such as spouses, children and other relatives.
Anyone who was financially dependent on the deceased.
Beneficiaries of a previous Will.

Time limits on disputing a Will

We understand that you want these matters dealt with as quickly and sensitively as possible. We’ll work with you to put these matters to rest as soon as we can, but there is no definitive time limit for bringing a will dispute to court. The time frame for disputing a Will can vary depending on the nature of the dispute:

Inheritance claims (dependent claims): If you’re a dependent who feels you were unfairly left out or not provided for, you have 6 months from the date probate is granted to make a claim.

Breach of trust or misdistribution: Claims relating to improper distribution of each asset must usually be made within 6 years.

Will validity disputes: There is no strict time limit, but acting swiftly is crucial.

From a practical sense, once the assets and the estate have been distributed things become harder to unpick and settle a claim. To avoid any problems, we advise making us aware of any claims as quickly as you can.

The costs of contesting a Will in the UK

Litigation can be expensive, and contesting a will can be no different. Inheritance claims can even be more expensive due to the amount of investigation and work involved, as well as the nature of the claim. Inheritance claims are known as a type of ‘hostile litigation’ and therefore two rules apply:

Costs are at the discretion of the court
The losing party can be ordered to pay the winning parties costs

The cost will largely depend on when the dispute is settled. If it is settled quickly, legal costs will likely range from £500 to £1,500. However if parties are required to engage in mediation, costs can rise to £7,500 to £10,000.

Speak to a solicitor

Whether you are facing the complexities of disputing a will and need legal guidance, or you have specific questions that require expert advice, we are here to help. You can contact us by phone, email, or visit one of our seven offices.

Call us

With seven offices around the South West of England, we have multiple offices you can call.

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Email us

If you would like to drop us an email you can on info@goughs.co.uk

Visit us

With offices in Calne, Chippenham, Corsham, Devizes, Melksham and Trowbridge, you can pop in and see us. View office locations.

Defending a Will claim

Defending a will can be an incredibly tough time. If you find yourself needing to defend a claim, we’ll work with you to assess the strengths and weaknesses of the claim being made, and advise you with your best options on defending the case. We understand how hard a contested will of a loved one can be, and will be by your side every step of the way.

If you’re considering contesting a will or need to defend a will claim, our expert team of solicitors or here to support you through the process.

Expert advice when you need it most

Our solicitors are here for you at every step

FAQs on disputing a Will

Is it worth contesting a Will?

Contesting a Will is not something you should consider without good reason, however we’d be happy to speak to you about your specific circumstances and help you decide the right option for you.

Can you contest an unfair Will?

In order for a Will to be contested, it must fall under one of the grounds for contesting a Will. Anyone who has a beneficial interest, or potential beneficial interest in the deceased’s estate is able to content the Will.

Who pays to contest a Will?

If the dispute goes before a judge, the judge will decide who pays the costs, however it is often the losing party who will be asked to pay.

What can I do if I've been left out of a Will?

There are 3 main types of claim that can be made when you are left out of a Will:

If you were part of the family of the person who died.
If the Will was made under pressure or does not reflect the true wishes of the person who died
If the Will was not properly written (if it was not notarised or signed)

There are extenuating circumstances for each instance, so we recommend you speak to us if you’re unsure of your situation.

What happens after disputing a Will?

Once a claim is made, the legal process begins with the filing of the caveat, which effectively pauses the probate process. This provides time for the claim to be investigated thoroughly, including gathering evidence, interviewing witnesses and reviewing the Will’s validity.

In many cases, disputes can be settled without going to court through methods such as mediation. But if settlement can’t be reached, formal legal proceedings may begin. Having experienced solicitors by your side will ensure you are properly supported through every step of the process.

Can you contest a Will after assets have been distributed?

While it’s more challenging to contest a will after the assets have been distributed, it’s not impossible. If you think that the estate has been improperly managed or distributed, or if you believe you were entitled to more, it’s important to seek legal advice as soon as possible.

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Client orientated; they ensure the client is well informed with easy to read documents.

L C, Devizes

Our Wills were dealt with efficiently, we have already recommended your firm to our daughter and husband. Absolutely brilliant – thank you.

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Everything was completed professionally and within my tight time scales. I would like to say thank you and would definitely go back to Goughs should I need help in the future.

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