Am I eligible to contest a will?

Anyone who is likely to benefit from an earlier will or on intestacy (where there is no earlier will) is able to contest a will. If property is given away in a will, which was either gifted or promised to you during that person’s lifetime, you may also be able to challenge this. If you’ve been left out of a will or didn’t inherit as much as you had expected then you may also be eligible to bring a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

How much will it cost to contest a will?

Most claims involving contesting a will are resolved without the need for court proceedings. Of those cases which do proceed to trial, the general rule is that the losing party pays the majority of the winning party’s costs. Each case is different and our experienced solicitors have a strong track record of achieving excellent results for our clients and providing frank, no-nonsense advice. In many cases we’re also able to offer tailored pricing options. We pride ourselves on the service we provide to our clients and back this up with service level guarantees; if you feel that the service you’ve received has fallen short then we’ll offer a discount on our fees, no strings attached.

Is my will dispute suitable for mediation?

Mediation is a form of dispute resolution in which an independent person, known as a mediator, is appointed to try to broker a deal usually on a ‘without prejudice’ basis so anything discussed at mediation can’t be disclosed to the court. The usual format involves the parties attending a mediation with each “side” having their own, private room. The mediator’s job is then to work with the you and your lawyer to try to achieve a positive settlement. Although not suitable for every case, in our experience mediations do have a high success rate. Our experience and knowledge of contesting wills means that we’re well placed to act in mediations and are proud to have surpassed our clients’ expectations in achieving positive settlements.

How can I get a copy of a will or probate?

If a will has already been put to probate then it becomes a public document. Similarly a grant of probate is a public document. In both cases, you can use the Government website to search probate records for documents and wills.

Do you deal with foreign will and estate disputes?

Yes. Provided the deceased had some link with England or Wales i.e. because they had assets here, were domiciled here (whether at death or before) or elected England and Wales as their choice of law under their will then it may be possible and, indeed, preferable to contest a will here. We are one of the few contested wills teams in the UK with expertise in both onshore and cross-border will disputes.

Grounds For Contesting A Will | Challenging A Will

A will can be challenged for a number of legal reasons. Understanding these grounds is the first step in assessing whether you have a strong case.

Lack of testamentary capacity: The person making the will must have understood what they were doing and the effect of the will. Medical records and solicitor’s file notes are often key.

Undue influence: A will may be invalid if someone applied pressure or coercion. Undue influence can be subtle and is often difficult to prove, specialist advice is crucial.

Lack of knowledge and approval: Even if a person had capacity, they must have understood and approved the contents of the will.

Fraud or forgery: This includes forged signatures or someone lying to the testator to influence their decisions (fraudulent calumny).

Improper execution: A valid will must comply with the formal requirements of the Wills Act 1837.

Inheritance Act claims: If you were financially dependent on the deceased or you were not left reasonable provision, you may be able to bring a claim for financial provision.

How much does it cost to contest a will?

The cost of contesting a will depends on the complexity of the dispute, the strength of the evidence, and whether the case settles early.

What factors influence cost?

how much evidence needs to be gathered
whether experts (medical, handwriting) are needed
whether the other side engages in negotiation
whether court proceedings are required
the value of the estate or assets in dispute

Who pays the costs?

In many cases, costs follow the event, meaning the losing party may pay the winning party’s costs. In will disputes, courts also retain discretion to order costs from the estate.

Can costs be reduced?

We actively manage costs through:

early assessment of merits
focusing on the issues that matter
mediation where appropriate
staged funding options
clear cost estimates and updates

How long do I have to contest a will?

Time limits vary depending on the type of claim. Missing a deadline can be fatal to your case, so early advice is essential.

Key time limits

Inheritance Act claims: usually 6 months from the grant of probate
Will validity challenges: no strict statutory deadline, but action should be taken before assets are distributed
Executor/administration claims: this depends on the breach but can be anywhere between six and 15 years or more
Fraud-based claims: generally no limitation period

When should you seek advice?

Immediately if:

probate has recently been granted
assets are being distributed
you believe a will is fraudulent
you are an executor facing a challenge

Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team.

He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.

A natural and dynamic leader’, the ‘very impressive’ Roman Kubiak heads the firm’s Private Wealth Disputes team and is noted for his ‘deep knowledge of estates and trusts law’.

The Legal 500

Grounds for contesting a will

What are the grounds for contesting a will?

How much does it cost to contest a will?

What factors influence cost?

Who pays the costs?

Can costs be reduced?

How long do I have to contest a will?

Key time limits

When should you seek advice?

Key contact

Roman Kubiak TEP

Next steps

Grounds for contesting a will

What are the grounds for contesting a will?

How much does it cost to contest a will?

What factors influence cost?

Who pays the costs?

Can costs be reduced?

How long do I have to contest a will?

Key time limits

When should you seek advice?

Key contact

Related services

Next steps