If you believe a will is invalid, does not reflect the true wishes of the person who made it, or fails to provide for someone who depended on the deceased, you may be able to take action. This guide explains how will disputes work in England and Wales — the grounds for challenging a will, who can claim, the time limits that apply, and what happens at each stage — in plain English.
A will can be challenged on specific legal grounds — lack of testamentary capacity, undue influence, lack of knowledge and approval, failure of the legal formalities, or forgery and fraud. Separately, certain family members and dependants can claim reasonable financial provision under the Inheritance Act 1975. These Inheritance Act claims must usually be brought within six months of the grant of probate. Contacting us does not commit you to a claim — many people simply want to understand their options.
Speak to a specialist in confidence. We will explain your options clearly — with no obligation to proceed.
Discuss My Situation 0800 6525 656A will dispute arises when someone believes that a will is invalid, does not reflect the true wishes of the person who made it, or fails to provide reasonable financial support to someone who depended on the deceased. These disputes are also commonly called probate disputes or contentious probate.
Many people assume that once a will is written it cannot be challenged, or worry that raising concerns will create family conflict. In reality, the law in England and Wales allows wills to be challenged in certain circumstances. A dispute can be about the validity of the will itself, about whether a dependant was left without reasonable provision, or about how executors are administering the estate.
Common situations that lead to a will dispute include:
Not every disagreement about a will leads to a valid legal claim. The law allows a will to be challenged only on specific legal grounds. The five most common are set out below.
The person must have had the mental capacity to understand that they were making a will, the nature and value of their estate, and who might reasonably expect to benefit. This long-established test comes from Banks v Goodfellow. Conditions such as dementia or serious illness may raise questions about capacity, and medical records and the solicitor's file can be important evidence.
A will must reflect the free and independent wishes of the person making it. If someone applied pressure, coercion or manipulation, the will may be challenged. These cases often arise where a vulnerable person was isolated, where a carer or relative had significant control, or where the will changed suddenly in one person's favour. Proving undue influence can be complex and requires evidence.
Even where a will appears properly signed, it must be shown that the person understood and approved its contents. If it was prepared without proper explanation, or the deceased did not understand what they were signing, questions may arise about whether it truly reflects their wishes.
To be valid, a will must be in writing, signed by the person making it, and witnessed by two independent witnesses present at the same time. If these requirements were not followed correctly, the will may be invalid.
In rare cases, concerns arise that a will has been forged or altered — for example a forged signature, pages added after signing, or a will created without the deceased's knowledge. These cases may require expert handwriting evidence or forensic investigation.
Even where a will is legally valid, certain individuals may still be able to bring a claim if they were not adequately provided for. These are claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
The following may be eligible to bring a claim:
When assessing these claims, the court may look at:
Time limits differ depending on the type of claim — and for Inheritance Act claims the deadline is short, so early advice matters.
| Type of claim | Time limit | Notes |
|---|---|---|
| Inheritance Act 1975 claim | 6 months | Usually from the grant of probate. The court's permission is needed to proceed after this. |
| Challenge to validity (capacity, undue influence, forgery) | No strict limit | But delay makes claims much harder, especially once assets have been distributed. |
| Fraud claims | No fixed limit | Should still be raised as soon as concerns arise. |
| Estate administration / executor disputes | Varies | Depends on the nature of the complaint — seek advice promptly. |
Because a missed Inheritance Act deadline can be fatal to a claim, and validity challenges become harder over time, it is generally advisable to seek legal advice as soon as concerns arise.
Our free guide explains, in plain English:
From identifying potential concerns through to resolving the dispute or bringing a claim before the court, the process generally follows these stages.
We help you identify whether your concerns fall within recognised legal grounds — capacity, undue influence, knowledge and approval, formalities, or fraud — or whether an Inheritance Act claim is the right route.
If you were a dependant or close family member left without reasonable provision, we assess whether you may be eligible to claim under the Inheritance Act 1975.
We investigate the circumstances in which the will was made. Important evidence can include medical records, the solicitor's will-preparation file, witness statements, financial documents, and correspondence relating to the will.
If concerns remain, the process usually begins with obtaining a copy of the will, reviewing probate documents, gathering evidence, and communicating with the executors or beneficiaries. In some cases a solicitor may enter a caveat at the Probate Registry.
Many will disputes are resolved through negotiation rather than court. Courts actively encourage mediation, which can mean faster resolution, reduced costs, and avoiding the stress of litigation.
If settlement cannot be reached, the dispute may proceed to court. Possible outcomes include the will being declared invalid, an earlier will being recognised, distribution under the intestacy rules, or financial provision being awarded to a claimant.
Contacting us does not commit you to a claim. We will explain your options clearly and honestly.
Discuss My Situation 0800 6525 656Inheritance disputes often arise during grief and uncertainty. We combine legal expertise with a careful, discreet approach.
We explain the legal issues, give realistic advice about prospects, and keep decisions firmly in your hands.
Successful will disputes rely on careful preparation and strong evidence. We gather and analyse the information needed to present a clear, structured case.
Contacting us does not commit you to bringing a claim. Many clients simply wish to understand their rights and explore their options. We are authorised and regulated by the SRA (No. 8006550).
A will dispute arises when someone challenges the validity of a will or seeks financial provision from the estate. These disputes often involve concerns about capacity, undue influence, or whether the will provides reasonable financial support to dependants.
Yes. A will can be challenged on specific legal grounds, including lack of testamentary capacity, undue influence, lack of knowledge and approval, failure to follow the legal formalities, or fraud.
The right to challenge depends on the type of claim. Family members, spouses and civil partners, children, dependants, and sometimes individuals treated as children of the family may have legal standing to bring a claim.
Inheritance Act claims must usually be issued at court within six months of the grant of probate. Claims about the validity of a will may not have a strict limitation period but should be brought as soon as possible, as delay makes them harder to pursue.
If a will is declared invalid, the estate is generally distributed according to an earlier valid will, or under the intestacy rules where there is no earlier valid will.
Many will disputes are resolved through negotiation or mediation before reaching court. Court proceedings may be necessary only if the parties cannot reach agreement. Some disputes resolve within a few months, while others take longer if proceedings are required.
The first step is usually to seek legal advice. A solicitor can review the will, assess whether there may be valid grounds for a challenge, and explain the available options. Contacting us does not commit you to bringing a claim.
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Discuss My Situation 0800 6525 656Explore our articles on contesting a will, Inheritance Act claims, and resolving estate disputes.
Reviewed by Leanne Henton, Solicitor & Head of Personal Injury and Medical Negligence Claims at NJS Law · Last reviewed: July 2026.
NJS Law is authorised and regulated by the Solicitors Regulation Authority (SRA No. 8006550). We are a firm of regulated solicitors, not a claims management company. This page provides general legal information for England and Wales only and does not constitute legal advice. Whether a will can be challenged, and the outcome of any claim, depends on the individual facts of each case and no result can be guaranteed. For advice specific to your situation, please contact our team.
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NJS Law Limited is a Limited company which is UK based registration number 15170704.
Our services are authorised and regulated by the Solicitors Regulation Authority. www.sra.org.uk
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