Contested wills — disputes about the validity or fairness of a will — are among the most emotionally charged and legally complex matters that can arise in the probate process. Whether you believe a will was made under undue influence, that the testator lacked the mental capacity to make a valid will, or that you have been unfairly excluded from an estate to which you have a legitimate claim, Curtis Legal can advise you clearly and honestly on your position and your options.
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What Are Contested Wills?
Contested wills arise where one or more parties dispute either the validity of a will or the fairness of its provisions. Contested wills cases typically fall into one of the following categories:
Lack of Testamentary Capacity A will is only valid if the person who made it — the testator — had the mental capacity to do so at the time. Contested wills cases on grounds of capacity are particularly common where the testator was elderly or suffering from dementia, Alzheimer’s disease or another cognitive condition at the time the will was made. The legal test for capacity was established in the 1870 case of Banks v Goodfellow and requires the testator to understand the nature and effect of making a will, the extent of their estate, and the claims of those who might expect to benefit.
Undue Influence Contested wills may arise where the testator was pressured, manipulated or coerced into making a will that does not reflect their true wishes. Undue influence in contested wills cases can be subtle — it does not require physical threats and can be established through evidence of psychological pressure, isolation from family, or financial control.
Fraud or Forgery Contested wills may arise where a will has been forged, or where the testator was deceived into signing a document they did not understand — sometimes by being told it was a different type of document entirely.
Failure to Comply with Formalities A valid will must be signed by the testator and witnessed by two independent witnesses who are present at the same time and sign in the testator’s presence. Contested wills may arise where these formalities were not properly followed, rendering the will invalid on its face.
Inheritance Act Claims Where a person has been left out of a will entirely, or has received less than they reasonably need for their maintenance, they may be entitled to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 — even where the will itself is technically valid. Inheritance Act claims are a form of contested wills proceedings and are subject to strict time limits
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
Who Can Challenge a Will?
Not everyone has legal standing to bring contested wills proceedings. Those who may be entitled to challenge a will include:
- Beneficiaries named in an earlier version of the will who have been removed or had their share reduced
- Family members who would have inherited under the intestacy rules
- Spouses, civil partners and former spouses in certain circumstances
- Children of the deceased, including adult children who were financially dependent
- Anyone who was financially dependent on the deceased immediately before their death
- Creditors of the deceased in certain circumstances
What You Should Do If You Want to Contest a Will
Act Quickly
Contested wills proceedings are subject to strict time limits — particularly Inheritance Act claims, which must be brought within six months of the Grant of Probate being issued. The sooner you take legal advice, the better your position in any contested wills dispute.
Do Not Distribute the Estate
If you are an executor facing a contested wills dispute, do not distribute the estate until the dispute is resolved. Distributing the estate while a contested wills claim is pending can result in serious personal liability for the executor.
Gather Evidence
Evidence in contested wills cases can include medical records, correspondence, financial records and witness statements from people who knew the testator and observed their circumstances around the time the will was made.
Contact a Specialist Solicitor
Our team will review the circumstances of the contested wills dispute with you and give you a clear, honest view of the strength of your position — at no cost and with no obligation.
Speak to Simon Jenkins — Free, No Obligation
Call us today for an honest assessment of the estate. No jargon, no pressure.
Resolving Contested Wills Without Going to Court
The vThe vast majority of contested wills disputes are resolved without the need for court proceedings. Methods of resolving contested wills disputes include:
- Direct negotiation between the parties through their solicitors
- Mediation — a structured process facilitated by an independent mediator, increasingly favoured by courts in contested wills cases
- Collaborative law — where all parties and their solicitors work together in a series of meetings to reach a settlement
Going to court in contested wills proceedings is expensive, stressful, time-consuming and publicly disclosed. We always explore every possibility of resolving contested wills disputes without litigation before recommending court proceedings, and we will give you a clear and realistic assessment of the costs and risks involved at every stage.
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Frequently Asked Questions About Contested Wills
How long do contested wills cases take?
Contested wills cases that settle through negotiation or mediation can often be resolved within six to twelve months. Contested wills cases that proceed to a full court hearing can take considerably longer — sometimes two to three years or more, particularly where expert medical evidence is required.
How much does it cost to contest a will?
The cost of contested wills proceedings varies significantly depending on the complexity of the case and whether it settles or proceeds to court. We will give you a clear costs estimate at the outset. In some contested wills cases we can act on a no win, no fee basis — please contact us to discuss your specific circumstances.
What is a caveat?
A caveat is a formal notice lodged at the Probate Registry that prevents a Grant of Representation from being issued while a contested wills dispute is ongoing. It can be an important and time-sensitive protective step to take at an early stage in contested wills proceedings, before the estate is locked in.
Can I contest a will after probate has been granted?
Yes, though it becomes more complex. If the estate has already been distributed, the contested wills claim may still be pursued but recovery of assets from beneficiaries who have already received them can be difficult and expensive.
What is the time limit for contesting a will?
Time limits in contested wills cases depend on the type of claim. Inheritance Act claims must be brought within six months of the Grant of Representation being issued — this is a strict deadline that the court has limited discretion to extend. Claims based on the invalidity of the will are not subject to a strict statutory time limit, but delay can seriously prejudice your position.
Speak to Simon Jenkins and the Team Today
If you are involved in a contested wills dispute, do not wait. Time limits apply and early action is essential to protect your position.
Call us free on 0800 214 216 for a confidential conversation with no obligation. Alternatively, email [email protected] or complete our online enquiry form and we will call you back the same day.
Curtis Legal Ltd is authorised and regulated by the Solicitors Regulation Authority. SRA Number: 450129.
Simon Jenkins has over 30 years of experience in probate, estate administration, medical negligence and personal injury. All articles on this site are written or reviewed by Simon before publication.
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