Contentious probate – How to contest a Will

When can a Will be contested?

A properly made Will should clearly set out someone’s wishes and make the administration of their estate as smooth as possible.

But things don’t always go to plan.

You may be able to challenge a Will if there are serious concerns about how it was made. Common reasons include:

• Lack of mental capacity – If the person making the Will (the testator) didn’t fully understand what they were doing, due to illness, dementia, or injury.
• No valid signing or witnessing – Wills need to follow strict legal rules to be valid. If it wasn’t signed properly or lacked witnesses, it may be ruled invalid.
• Lack of knowledge or approval – If the testator didn’t know what was in the Will, or didn’t approve of its contents.
• Undue influence – If someone applied pressure or manipulated the testator into changing their Will.
• Fraudulent calumny – Where someone deliberately poisoned the testator’s mind against another person using lies, causing that person to be excluded from the Will.
• Revocation – If the Will was later revoked, either by a new Will being made or by events such as marriage (which can automatically revoke a previous Will).

What about forgery?

Sadly, in rare but serious cases, Wills can be forged.

This might involve faking a signature, presenting an older Will and hiding a newer one, or even drafting a completely false document.

Some signs that something might not be right include:

• A signature that looks unlike the testator’s handwriting
• Sudden and unexpected changes to who inherits
• The Will being “discovered” by someone who benefits from it

If you suspect any foul play, it’s vital to speak to us solicitor immediately, evidence can be lost quickly once a probate process begins.

Who can contest a Will?

You may be able to challenge a Will if you’re someone who would benefit under an earlier Will or if you’d be entitled to a share of the estate under the rules of intestacy (if no valid Will exists).

That usually means:

• Children
• Spouses or civil partners
• People financially dependent on the deceased
• Sometimes, cohabiting partners or stepchildren (depending on the circumstances)

You’ll need to make a formal claim, usually through the Probate Registry, but this isn’t something to take on alone.

How do I contest a Will?

If you believe a Will is invalid, you’ll need to act fast, especially if the estate hasn’t been distributed yet.

Start by speaking to our solicitors who have experience in Contentious Probate. We can:

• Review the Will and any previous versions
• Help gather evidence (such as medical records, handwriting samples, or witness statements)
• Advise on the best legal grounds for a challenge
• Guide you through any necessary court processes

There’s no fixed time limit to challenge the validity of a Will, but the sooner you act, the easier it is to preserve your rights and prevent the estate from being administered incorrectly.

Disputing a Will is never easy, but you’re not on your own

We understand how upsetting and complex these situations can be. Will disputes often come at an emotional time and involve sensitive family dynamics, but we’re here to help you make sense of it all.

We’ll explain your options clearly, help you weigh up the best course of action, and make sure your voice is heard.

Think something’s not right with a loved one’s Will? Contact our expert probate dispute team today. The sooner we talk, the more we can do.