Contesting a will: the grounds, the time limits and the alternatives
Disputes over an estate are among the most painful a family can face. The law allows a will to be challenged on specific grounds, and allows some people to claim reasonable provision even where the will is valid, but the time limits are short.
By Robert Festenstein, Head of Legal
Updated 26 October 2026
4 min read
Key takeaways
- A will can be challenged if it was not properly signed, or if the person lacked capacity, did not know and approve its contents, or was unduly influenced.
- Spouses, children, cohabitants and dependants can claim reasonable financial provision under the Inheritance Act 1975.
- Inheritance Act claims must normally be brought within six months of the grant of probate or letters of administration.
- A caveat can stop a grant being issued while concerns are investigated.
Challenging whether the will is valid
- Improper execution. The will was not signed and witnessed correctly. See making a will.
- Lack of testamentary capacity. The person did not understand what a will is, the extent of their property or who might have a claim on them, for example because of dementia.
- Lack of knowledge and approval. The person did not know and approve the contents, for instance where the will was prepared by someone who benefits from it.
- Undue influence. The person was coerced into making the will. This is hard to prove, because persuasion is not enough.
- Fraud or forgery.
If a will is found invalid, the previous valid will applies, or the intestacy rules if there is none.
Claims for reasonable provision
Even a valid will can be challenged under the Inheritance (Provision for Family and Dependants) Act 1975 if it does not make reasonable financial provision for certain people. They are:
- a spouse or civil partner;
- a former spouse or civil partner who has not remarried or entered a new civil partnership, unless a court order on divorce prevents a claim;
- a person who lived with the deceased as a couple for the whole of the two years before the death;
- a child of the deceased, including adult children;
- a person treated as a child of the family;
- anyone who was being maintained by the deceased.
The court considers each person's needs and resources, the size of the estate and the obligations the deceased had. Spouses are judged by a more generous standard than other claimants. Claims must normally be issued within six months of the grant of probate or letters of administration. The court can allow later claims but rarely does.
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Caveats and early steps
A caveat entered at the Probate Registry stops a grant being issued for six months, and can be renewed. It gives time to investigate concerns about a will. Early steps usually include asking the solicitor who prepared the will for their file and notes, and obtaining medical records where capacity is in question.
Mediation and costs
Most estate disputes settle before trial, often through mediation. Litigation costs can quickly take a large share of the estate, and the court does not always order the losing side to pay. Executors should remain neutral where the dispute is between beneficiaries, and should not distribute the estate while a claim is possible. See probate and estate administration.
The best protection against a dispute is a professionally drafted will, with a record of the person's reasons and, where capacity may later be questioned, a medical opinion at the time it is signed.
Frequently asked questions
What are the grounds for contesting a will?
Improper signing, lack of capacity, lack of knowledge and approval, undue influence, and fraud or forgery. A separate claim for reasonable provision can be made under the Inheritance Act 1975.
How long do I have to contest a will?
Claims under the Inheritance Act 1975 must normally be made within six months of the grant of probate or letters of administration. Act quickly with any challenge.
Can an adult child contest a parent's will?
Yes. Adult children can claim reasonable provision under the Inheritance Act 1975, but they must show the will did not make reasonable provision for their maintenance.
Can an unmarried partner contest a will?
Yes, if they lived with the deceased as a couple for the whole of the two years before the death, or the deceased was maintaining them.
Sources & further reading
This article is general information, not advice. Tax, financial and legal rules change and their effect depends on your circumstances. Check the current position and take professional advice before acting. Last reviewed 26 October 2026. Totus One Limited (company no. 16855798).
A solicitor who has led his own SRA-regulated practice for over two decades, specialising in disputes and insolvency.
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