When someone close to you dies, dealing with their estate can be complex, especially if you are an Executor. But what if, as well as coping with the emotions involved, you are also concerned about their Will? With people living longer and accruing larger estates, and blended families and second or third marriages becoming more common, disputes over Wills are on the rise.
Contesting a Will is something most people never expect to face, and it’s common for people to be uncertain about their options, their rights, and the steps to take.
Whether you are an Executor, a beneficiary, or expected to be included in a Will, if you’re worried about how a will was written or executed, or feel you’ve been unfairly excluded, our Disputes team can help.
We’ll listen to your concerns, look at the Will, and advise you on whether you have legal grounds to challenge it (and, where possible, the likely outcome if you do).
If you’re currently concerned about a Will, but unsure about what to do, start with our Disputes specialists Sam Shoesmith’s and Amanda Richmond’s clear, approachable guide to understanding your options and what the process of contesting a Will involves.
A lot of people assume that they aren’t entitled to challenge a Will. In reality, more people have the right to contest than you might think. You may be able to challenge a Will if you are:
If you’re unsure, a quick conversation with our Disputes team can help you understand where you stand.
You can’t challenge a Will simply because you don’t like what it says — but there are clear legal grounds that might apply. These include:
If something doesn’t feel right, it’s worth exploring whether one of these grounds applies.
This is one of the most common questions we’re asked. Whilst there is no strict deadline, it’s best to act quickly, before probate is granted to ensure that the estate is not distributed before a claim can be addressed, as it becomes harder to recover assets once probate has been granted.
Sometimes, clients tell us that they feel awkward about challenging a Will shortly after someone has died, particularly if doing so potentially affects other family members.
Don’t worry. We are not here to judge, simply to help you to understand your legal position and to advise you on the steps to take.
Yes — in many cases you still can. It may be more complicated, but it’s not too late to raise concerns about validity, fraud or mistakes.
If you need time to investigate, you may be able to enter a caveat. This temporarily stops probate from being granted and can prevent some of the estate from being distributed until the issues are resolved.
Costs vary depending on how complex the dispute is and how quickly it can be resolved. Cases can settle through negotiation or mediation, which is far more cost‑effective than going to court. If a case does go all the way to trial, costs can be significant — and there is a risk of paying the other side’s costs if you lose.
When you speak to us, our Disputes Team can give you a realistic idea of costs early on, and the likely outcome, so you can make an informed decision.
The stronger your evidence, the smoother the process will be, and the more likely it is that you will achieve your aims.
The evidence you’ll need will depend on the situation and the legal grounds on which you are contesting the Will, but might include:
Don’t worry if you don’t have everything or aren’t sure how to start — we can help you gather what you need.
If a Will is declared invalid:
This can completely change who inherits, so it’s important to understand the implications, as they may not achieve your aims, or even have a negative impact on others involved. We’ll talk you through what will happen in your particular circumstances, so you can make a fully informed decision.
You don’t have to use a lawyer — but we do recommend that you take advice from an experienced, qualified legal professional. Will disputes can be complex, emotional and time‑sensitive, and professional legal advice can help to smooth the process and protect you from unforeseen consequences.
A specialist lawyer can:
Having someone in your corner can make the whole process feel far less overwhelming.
How we can help
We understand that contesting a Will can feel daunting, especially at a time when emotions are running high. Our Disputes team specialises in helping people navigate these situations with clarity, sensitivity and confidence. We’ll listen to your concerns, explain your options in plain English, and guide you through each step — whether you’re challenging a Will, defending a claim, or simply trying to understand your rights.
