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CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEESPECIALISTS – A STEP BY STEP GUIDE TO CONTESTING A WILL INENGLAND AND WALES

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors provide a step by step guide below to contesting a will in England and Wales

Step-by-Step Guide to Contesting a Will in England and Wales
This is the second of two articles we are publishing providing general guidance on contesting a will in England and Wales. For our first article, please see the following:

AN EXPLANATION OF THE BASICS OF HOW TO CONTEST A WILL – Will Claim Solicitors

When someone passes away, emotions often run high, and the reading of the will can sometimes lead to shock, disappointment, or even anger. If you believe the will does not reflect the deceased’s true intentions, or that you have been unfairly left out, you may be considering a will dispute. This guide explains, step by step, how to contest a will in England and Wales, what grounds are available, and how to start an inheritance claim.

Step 1: Understand What Contesting a Will Means
A will contest is a legal challenge brought to question the validity of a will or to claim provision from an estate. A will dispute can arise for many reasons: the will may not have been executed properly, the deceased may have been pressured or lacking mental capacity, or you may have been financially dependent on them but left out.

Three main types of disputes exist:

  1. Validity disputes – challenging whether the will is legally valid.
  2. Inheritance claims – seeking “reasonable financial provision” under the Inheritance (Provision for Family and Dependants) Act 1975, even if the will itself is valid.
  3. Proprietary estoppel claim – where the deceased promised his/her property to (usually) a near relative in consequence of which the relative relying on the promise acted to their detriment.

Understanding these will help you decide what kind of will claim is most relevant to your circumstances although we will often bring claims compromising not just one of these but for all three.

Step 2: Identify If You Have the Right to Contest
Not everyone can bring a will contest claim. Generally, you must have a direct interest in the estate. The following groups may be eligible:

  • Beneficiaries under the will who are unhappy with the terms.
  • Beneficiaries under a previous will who lose out under a later version.
  • Close relatives (such as spouses, children, or cohabitees).
  • Financial dependants who were maintained by the deceased.
  • Anyone who would inherit under the intestacy rules if the will is invalid.
  • Other disappointed individuals – in particular those who were promised the deceased’s property and who are not beneficiaries under his/her will.

If you are unsure, take legal advice early. An inheritance dispute can only be brought by someone with legal standing.

Step 3: Consider the Grounds for Contesting a Will
You cannot contest a will simply because you feel it is “unfair.” There must be recognised legal grounds. Common grounds include:

a) Lack of Testamentary Capacity
The deceased must have had mental capacity when making the will. They must have understood the nature of the document, the extent of their assets, and who might expect to inherit. Dementia, Alzheimer’s, or other mental health conditions may form the basis of a will dispute if capacity was impaired.

b) Lack of Due Execution
For a will to be valid, it must be signed by the testator in the presence of two witnesses, who must also sign in each other’s presence. If these formalities are not followed, the will may be invalid.

c) Undue Influence
If someone pressured, coerced, or manipulated the deceased into making the will in their favour, this can form grounds for a will contest claim. This is often difficult to prove and requires strong evidence but is most often cited as a potential claim albeit usually by a disappointed family member when no other explanation appears to be available.

d) Fraud or Forgery
If the will has been tampered with, forged, or altered dishonestly, it can be set aside.

e) Lack of Knowledge and Approval
Even if the deceased signed the will, they must have fully understood and approved its contents. Suspicious circumstances may justify a will dispute.

f) Inheritance (Provision for Family and Dependants) Act 1975
Even if a will is valid, certain people can bring an inheritance claim if the will (or intestacy) does not provide reasonable financial provision for them. Eligible claimants include spouses, civil partners, cohabitees, children, and dependants.

g) Claims for Proprietary Estoppel
Where a promise by the deceased to gift his/her property has not been adhered to and the proposed recipient has altered his/her position substantially to their detriment in reliance on the promise – most often a feature of family farm cases where a near relative has worked for little or no income over many years.

Step 4: Act Quickly
Time limits apply to inheritance claims. For a claim under the Inheritance Act, proceedings must usually be issued within six months of the grant of probate. Other types of will disputes, such as fraud or lack of capacity, may not have such strict deadlines but should still be brought as soon as possible.

Delays can reduce your chances of success simply because the evidence is dissipated or lost or even because the estate property is sold or distributed. Early legal advice ensures evidence is preserved, assets are protected, and you do not miss important deadlines.

Step 5: Gather Evidence
Contesting a will is evidence-driven. Before issuing a will contest claim, you should gather as much supporting material as possible, such as:

  • Medical records of the deceased, showing health conditions at the time the will was made.
  • Statements from witnesses, such as family members, carers, or neighbours.
  • The solicitor’s file who drafted the will.
  • Financial records showing dependency.
  • Earlier wills for comparison.

Strong evidence is often the difference between success and failure in a will dispute and the weightiest will usually consist of the evidence of independent professionals (Solicitors/doctors/nurses) and yes, the evidence of the Solicitor preparing the Will can be the most significant (whereas potential claimants will often perceive that it must be the least reliable!).

Step 6: Enter a Caveat
If you wish to stop probate being granted while you investigate your will claim, you can enter a caveat at the Probate Registry. This prevents the estate from being distributed. A caveat lasts six months (and can be renewed). It provides breathing space to gather evidence and consider your next steps.

However, if your claim is under the Inheritance Act (an inheritance claim), entering a caveat may not be appropriate, as you are not challenging the validity of the will but its provisions.

Step 7: Attempt Negotiation and Mediation

The courts encourage parties to resolve inheritance disputes outside of litigation. Mediation is often a cost-effective way to settle. Through mediation, the parties meet with an independent mediator to try to agree a compromise.

Many will contest claims settle at this stage, saving significant time, cost, and stress. Courts can penalise parties on costs if they refuse to engage in reasonable settlement discussions.

Step 8: Issue Court Proceedings if Necessary
If negotiation fails, the next step is to issue proceedings in the High Court or County Court. The process will depend on whether you are:

  • Challenging validity of the will; or
  • Making a financial claim under the Inheritance Act and/or for Proprietary Estoppel (that the Court is estopped from treating the deceased’s property as part of the estate)

Court proceedings can be lengthy, stressful, and expensive, but sometimes they are unavoidable. Your solicitor will prepare the claim, exchange evidence, and, if settlement is not reached, the matter will go to trial.

Step 9: Consider the Costs

A key consideration in any will dispute is legal costs. The general rule in contested probate cases is that the losing party pays the winner’s costs. However, the court has discretion, particularly if the will was suspicious or if the deceased was at fault (for example, by leaving unclear instructions) and can make orders so that the estate pays the parties legal costs and/or that each party to the dispute bears their own costs!

You should discuss funding options with your solicitor. Some firms offer fixed fees, deferred payment, or “no win, no fee” arrangements for certain inheritance claims.

Step 10: Plan for the Future
Even if you are successful, a will contest claim can strain family relationships. It is wise to plan for the long term—both financially and emotionally. If you inherit as a result of a successful claim, consider updating your own will to ensure clarity and reduce the chance of future inheritance disputes.

Common Myths About Contesting a Will

  • “It always goes to court.”
    In fact, most will disputes are settled out of court.
  • “It’s too late after probate is granted.”
    Not always. Some claims, such as fraud, can be brought later, but strict deadlines apply to others. However, a court may be reluctant to interfere when the estate was dissipated many years previously.

Practical Tips for Anyone Considering an Inheritance Claim

  1. Act early – the sooner you take advice, the stronger your position.
  2. Keep records – especially if you were financially dependent on the deceased.
  3. Preserve relationships – inheritance disputes can divide families, so consider mediation.
  4. Budget realistically – litigation can be costly, so know your financial exposure.
  5. Choose the right solicitor – contested probate is a niche area of law; specialist advice is essential.

Conclusion

Contesting a will in England and Wales is a complex process involving strict rules, tight deadlines, and often emotional family dynamics. Whether your issue is a will dispute over validity or an inheritance claim for financial provision and/or under Proprietary Estoppel, success depends on acting quickly, gathering evidence, and seeking expert advice.

By following the steps in this guide—understanding your eligibility, identifying grounds, preserving evidence, considering mediation, and, if necessary, going to court—you can give yourself the best chance of achieving a fair outcome in your will contest claim.

If you consider any of these facts and matters are of interest, are likely to apply to you, or you would like to ask us for more information about our no win no fee arrangement, or you simply want us to assess your claim, then please do not hesitate to contact us for a confidential no strings chat and/or visit us at www.willclaim.com.

We provide details about our no win no fee arrangements at https://www.willclaim.com/no-win-no-fee/.

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