Originally published: 18 April 2019 | Last updated: 25 December 2025
TL;DR: You can challenge any Will but only valid legal reasons will succeed in court when someone contests a Will. The four main grounds are: (1) the Will was not properly executed under the Wills Act 1837, (2) the testator lacked mental capacity, (3) the testator was subject to undue influence or coercion, and (4) the Will does not make reasonable financial provision for dependants under the Inheritance (Provision for Family and Dependants) Act 1975. People fail to get their desired results but they lack any legal basis to start a challenge.
Can a Will Be Challenged in the UK?
Yes. Any Will can be challenged. Family members who receive less than what they expected can file a Will challenge through a solicitor to protect their interests. The solicitor will determine fast if the challenge stands any chance of succeeding. The law establishes particular conditions which enable someone to fight against a Will but personal dissatisfaction with Will distribution does not fulfill these requirements.
What Are the Legal Grounds for Contesting a Will?
Ground 1: Was the Will Properly Executed?
The Wills Act 1837 requires people to follow specific rules when they want to create a valid Will which England and Wales recognize.
The Will needs to exist as a written document
The testator must sign the document or someone needs to sign it under their direction while the testator watches the process.
The testator must have intended by their signature to give effect to the Will
Two witnesses need to watch you sign the document while they stay together at the same time.
The witnesses must sign the Will document while the testator stays present during the signing process.
The Will becomes invalid when someone fails to meet any of these required conditions. The blank form Will kit creates problems because it lacks essential legal information. People who do not receive proper instructions will produce witnessing mistakes which will invalidate the entire document.
Ground 2: Did the Testator Have Mental Capacity?
The testator needed to have “testamentary capacity” at the time when they created their Will. The test established by Banks v Goodfellow (1870) requires the testator to meet these standards:
The testator needs to understand how Will creation works and what happens after creating a Will.
The person needs to understand their entire property value.
The person needs to understand the claims which people who want benefits might make.
The person needs to remain free from any mental disorder which would affect their ability to make proper decisions.
The testator must have dementia or another cognitive condition to establish this ground which appears most frequently when the testator was elderly. However, age alone does not indicate lack of capacity. People who reach their eighties and nineties maintain complete ability to create wills.
Ground 3: Was the Testator Subject to Undue Influence?
Undue influence means that someone used force or control to make the testator create a Will (or particular Will sections) which contradicts their actual desires. The evidence becomes hard to prove because:
The testator who would provide the best evidence has passed away
The process of influence requires more than simple persuasion because it needs to reach the level of coercion.
The person who challenges the Will must prove their case.
The following situations present common examples of undue influence claims when a new spouse or partner prevents testators from seeing their family members and when caregivers receive all benefits and when family members force elderly relatives to make decisions. The law has handled multiple cases which involved second marriages that resulted in new spouses receiving full estate rights which denied any inheritance to children from previous marriages.
Ground 4: Does the Will Fail to Provide for Dependants?
The Inheritance (Provision for Family and Dependants) Act 1975 allows specific individuals to file claims when they believe the Will does not distribute enough money to them. Eligible claimants include:
The spouse or civil partner of the deceased
A former spouse or civil partner who has not remarried
A child of the deceased (of any age)
A person treated as a child of the family (e.g., step-children)
A person who was maintained by the deceased immediately before death
A person who lived with the deceased as a spouse for at least 2 years before death
The court evaluates three main factors to decide on estate distribution which includes the financial needs of the claimant and the total estate value and any debts which the deceased person owed. This estate planning approach becomes essential when people go through divorce.
What Does NOT Count as Grounds for Challenging a Will?
The following are not valid grounds for contesting a Will:
You expected to receive more than you did
You believe the distribution is “unfair”
The testator remarried and left more to the new spouse than to you
You have not spoken to the testator in years but still feel entitled
The Will contains no information about the verbal commitments which people made to each other. A testator can choose any method to distribute their estate according to their personal preferences. Unless one of the four legal grounds above applies, the Will stands.
How Can You Protect Your Will from Being Challenged?
You need to create defensive strategies which will protect your Will choice from any challenges that might arise although no Will can achieve total protection against challenges.
Protection
How It Helps
Use a reputable Will service
A reputable Will service will create documents which contain suitable legal vocabulary and proper document organization.
Follow witnessing rules exactly
The execution challenges will disappear.
Keep your Will up to date
The document maintains its accuracy because it includes your current preferences together with your present life situation.
Evaluate upcoming legal cases
Make sure to protect your dependants even though you plan to distribute less to them.
Destroy previous Wills
Prevents confusion about which document is valid
Using an online service like LegalWills.co.uk ensures your Will is properly structured with correct legal language. The guided process helps you consider all potential beneficiaries and dependants, and unlimited updates mean your Will always reflects your current wishes.
Frequently Asked Questions
How long do you have to challenge a Will?
The Inheritance (Provision for Family and Dependants) Act 1975 requires people to file their claims within six months after the court grants probate. The time period for fraud and forgery claims does not exist but you need to file these claims as soon as possible.
How much does it cost to challenge a Will?
The cost of Will contest through a solicitor service ranges from £5,000 to £100,000+ depending on case complexity and trial requirements. Many solicitors offer a “no win, no fee” arrangement for strong cases.
Can a Will be challenged if the testator had dementia?
A diagnosis of dementia does not automatically invalidate a Will. The key question is whether the testator had testamentary capacity at the specific time the Will was made. Medical evidence from around that date is crucial.
Can I challenge a Will if I was promised something verbally?
The law allows proprietary estoppel claims to succeed under certain conditions when you received a property promise in exchange for your farm work which you provenly damaged through your actions.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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