Disputing a Will

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

Disputing 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 how their will was made, the circumstances in which they were in when the will was created, or whether they were of sound state of mind.

Related: Learn more about Will and Probate services.

Key Contact

David Patterson

Partner and Head of Contentious Probate

Grounds for disputing a Will

There are a variety of legal grounds for disputing a Will:

Disputing a will lawyers

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

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.

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.

Disputing a will time

The costs of disputing a will

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 will 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.

Expert advice when you need it most

Our solicitors are here for you at every step

Popular questions about 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.

In order for a Will to be contested, it must fall under one of the grounds for contesting a Will. Read the full list here.

Anyone who has a beneficial interest, or potential beneficial interest in the deceased’s estate is able to content the 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.

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.

If you feel you have grounds to contest a Will, please get in touch to discuss your options with us.

Our clients rate us as excellent

Legal 500

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.

Sue Greenman

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.

Legal 500

Goughs gives outstanding customer satisfaction. They are very approachable, reliable, courteous and informed. I would recommend Goughs to anyone.

R F, Melksham

Great service, professional, great communication and handled what was a very sensitive situation with care and compassion.

W D, Calne

Professional, helpful & knowledgeable service. Giving very clear advice in a way I could understand. Thank you.

Your Private Client team

Partner (TEP)

Partner & Head of Private Client

Associate Solicitor

Associate (FILCEx)

Paralegal

Paralegal

Associate Solicitor

Partner and Head of Contentious Probate

Solicitor

Trainee Solicitor

Solicitor

Trainee Solicitor

Paralegal

Solicitor

Paralegal

Solicitor

Associate (FILCEx)

Associate Solicitor

Associate (FCILEx)

Associate Solicitor

Partner (TEP)

Partner & Head of Private Wealth

Partner & Head of Private Client

Senior Associate (FCILEx)

Why choose Goughs?

Local since 1882, with an excellent reputation

First-class, effective service

Largest solicitors in Wiltshire

Seven offices throughout the county

Nationally accredited law firm

Recognised by Legal 500 and Chambers & Partners

Why wait? Let's talk

Fill out the form below and we will get back to you!

Our Offices

The Strand, Calne
Wiltshire, SN11 0JU
01249 812086

Chippenham
Mill House, 1 New Road
Chippenham, Wiltshire
SN15 1EJ
01249 444499

Corsham
23 Pickwick Road, Corsham,
Wiltshire, SN13 9BH
01249 712193

Devizes
Ramsbury House
30 Market Place, Devizes
Wiltshire, SN10 1JG
01380 726913

Melksham
5 Bath Road, Melksham
Wiltshire, SN12 6LN
01225 703036

Trowbridge
2 Fore Street, Trowbridge
Wiltshire, BA14 8HX
01225 762683

Greenways
Unit 5
Greenways Business Park
Bellinger Close
Chippenham
SN15 1BN
01249 475880

Let us search for you

Legal Implications of the Autumn Budget

Learn about how the UK Autumn budget will affect areas such as tax, corporate and employment law, residential and commercial property, and personal financial planning.