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Can you contest a Will? What you must know before taking action

When someone close to you dies, the last thing you want is to worry about whether their Will expressed their true final wishes.

Wondering whether you can challenge a Will is one of the most common concerns people have during the probate process, especially when something does not feel right.

Who can contest a Will?

In most cases, you can only challenge a Will if you are:

A close family member (e.g. spouse, child or dependent)
Someone who was financially dependent on the person who died
A person who was promised something, or included in a previous Will
Someone who would inherit if no valid Will existed (under intestacy rules)

In short, you usually need a clear connection to the person who died, either by relationship, reliance, or past promises.

Friends or distant relatives with no legal or financial connection will generally not be eligible.

Legal grounds to challenge a Will

Not every unfair Will can be overturned.

You need a legally recognised reason. The most common are:

Lack of mental capacity

The person must have understood what they were doing when making the Will, including what they owned and who might expect to inherit.

If they had dementia or were heavily medicated, this could be questioned.

Undue influence

If someone pressured or manipulated the person into changing their Will, the court can declare it invalid.

Proving this is difficult and usually needs strong evidence.

Fraud or forgery

If the Will was faked, tampered with or signed under false pretences, it can be challenged.

Improper execution

Wills must meet certain legal formalities. They must be in writing, signed, and witnessed correctly. If any step was missed, the Will might not be valid.

Inheritance Act claims

Even if a Will is legally valid, certain people like spouses, children, or dependants, can still claim it did not make ‘reasonable financial provision’ for them under the Inheritance (Provision for Family and Dependants) Act 1975.

What to do if you want to contest a Will

If you are asking yourself, can I challenge a Will?, the best first step is to get legal advice quickly.

Some types of claims have time limits. For example, Inheritance Act claims usually must be made within six months of the grant of probate.

Acting early can also prevent assets from being distributed before your concerns are addressed.

Contesting a Will is becoming increasingly common.

According to Today’s Wills and Probate, there was a reported five per cent rise in contested Wills reaching the courtroom between 2022 and 2023, highlighting a growing trend in inheritance disputes.