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Should You Challenge a Will?

15 September 2025

Will disputes are becoming more common, but challenging a will isn’t as simple as feeling something is unfair. To succeed, you need solid legal grounds, quick action, and careful preparation.

Common Pitfalls and How to Avoid Them

 No Legal Basis for the Challenge

To dispute a will, you must establish valid legal grounds. These may include:

• Lack of mental capacity: The person making the will (the testator) must have understood the nature and effect of their decisions.
• Undue influence: Was the testator pressured or coerced into changing their will?
• Lack of knowledge and approval: Did the testator truly understand and approve the contents of the will?
• Failure to comply with legal formalities: The will must be properly signed and witnessed under the Wills Act 1837.
• Fraud or forgery: Has the document been tampered with or falsified?

Gather strong supporting evidence such as medical records, witness statements, or handwriting analysis and consider entering a caveat at the Probate Registry to pause estate administration while your claim is reviewed.

Missing Critical Deadlines

Time limits vary depending on the nature of your claim:

• Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must usually be made within six months of probate being granted.
• Other claims (e.g. undue influence or lack of capacity) should be brought promptly, ideally before the estate is distributed.

Don’t delay. Seek legal advice as soon as concerns arise to preserve your right to challenge.

Weak or Incomplete Evidence

Even with valid grounds, a lack of compelling evidence can undermine your case. Build a robust file of documentation, medical assessments, statements from those close to the testator, and any records that show inconsistencies in their intentions.

The Cost of Litigation

Legal disputes over wills can be emotionally draining and financially risky. If your claim fails, you may be liable for the other party’s costs. Work with a solicitor to assess your chances of success. Mediation may offer a faster, more cost-effective resolution.

Mediation: A Sensible Alternative

Courts increasingly encourage parties to resolve disputes outside of litigation. Be open to alternative dispute resolution. Mediation can lead to mutually acceptable outcomes and reduce the financial and emotional toll.

Steps to Take If You’re Considering a Challenge

• Consult a solicitor early: Timely legal advice is essential.
• Request the will file: The drafting solicitor’s notes may reveal key details about the testator’s mental state and circumstances.
• Start gathering evidence: Medical records, prior wills, and witness testimony can be crucial.
• Understand the implications: If the current will is invalidated, an earlier version may take effect. Consider whether this outcome is preferable.
• Explore other legal routes: If contesting the will is not viable, you may still be eligible to claim under the Inheritance Act 1975.

What If the Will Is Valid?

Even if the will stands, you may still be entitled to financial provision from the estate under the Inheritance Act 1975. You could qualify if:

• You’re a close family member
• You lived with the deceased as a partner
• You were financially dependent on them

In these cases, a solicitor can help you assess your eligibility and build a strong claim.

Speak to our team

Our Disputes and Litigation team has extensive experience in contested probate and Inheritance claims. With offices in Bournemouth, Winton, Moordown and Highcliffe, we’re here to provide clear, practical advice tailored to your situation.

Contact us today to discuss your case and explore your options with confidence. Call 01202 294411 or send us a message online: Contact Us AB Solicitors For Your Legal Needs

 

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