Yes, wills can be contested in England and Wales, but the grounds for doing so are specific and the process can be complex. Simply being unhappy with the outcome: receiving less than expected, or nothing at all: is not in itself a legal ground to challenge a will. This guide explains who can contest a will, what the recognised legal grounds are, and what the process involves.
Not everyone has standing to challenge a will. Those who typically have the right to contest include:
The person who made the will (the testator) must have had sufficient mental capacity at the time of making it. The legal test: set out in the case of Banks v Goodfellow: requires the testator to have understood the nature of making a will, the extent of their estate, the claims of those who might naturally expect to benefit, and the effect of the will they were making. If the testator suffered from dementia, a mental health condition, or other cognitive impairment that affected their understanding, the will may be challenged on this ground.
If someone pressured, coerced, or manipulated the testator into making a will that did not reflect their true wishes, the will can be challenged on the grounds of undue influence. This is one of the harder grounds to establish because the pressure must go beyond persuasion or moral pressure. It must effectively override the testator's free will. Evidence of the testator's vulnerability and the influencer's opportunity and conduct is critical.
The testator must have known and approved the contents of the will. Where there are suspicious circumstances. For example,, where the person who drafted the will is also a major beneficiary. The court will look carefully at whether the testator truly understood and approved what they were signing.
If the will is a forgery, or was procured through fraud, it can be challenged. Examples include a forged signature or a will procured by false representations to the testator.
A will must be in writing, signed by the testator, and witnessed by two independent witnesses who are both present at the time of signing. A will that does not comply with these requirements under the Wills Act 1837 is invalid.
Even where a will is technically valid, certain categories of person, including spouses, former spouses who have not remarried, children, and dependants: can apply to the court for reasonable financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975. This is a separate type of claim from challenging the validity of the will itself.
Probate disputes are typically issued in the Chancery Division of the High Court or in the county court, depending on the value and complexity of the estate. Before issuing proceedings, pre-action correspondence should be exchanged, and it is important to register a caveat at the Probate Registry to prevent the grant of probate being issued while the dispute is resolved.
For Inheritance Act claims, the time limit is six months from the grant of probate. For claims challenging the validity of the will, there is no fixed limitation period, but delay can prejudice your claim and should be avoided.
A will can be contested in England and Wales on grounds including lack of testamentary capacity, undue influence, lack of knowledge and approval, fraud or forgery, and failure to comply with formal requirements. Separate Inheritance Act claims can be brought by dependants for reasonable financial provision. Time limits apply, particularly for Inheritance Act claims. Specialist legal advice is essential before taking any action.