Writing a will is the best way to preserve your wishes—yet every year families find themselves questioning whether a loved one’s will is truly fair or valid. If you believe a will doesn’t reflect the deceased’s intentions, you may be wondering: “Can I contest it—and what does that involve?”
Below, the specialists at Town & Country Law explain:
- the legal grounds for challenging a will in England & Wales;
- key deadlines and procedures (before and after probate);
- practical steps to protect an estate from future disputes; and
- how our team can guide you—whether you’re defending a will or looking to raise a legitimate claim.
Throughout the article you’ll find links to deeper resources on our site, including Will Writing, Probate Services and Trust Planning.
1. Why Wills Are Contested
Most challenges fall into one of four categories:
| Ground | What It Means | Typical Evidence Required |
|---|---|---|
| Lack of Capacity | The testator didn’t fully understand their actions when the will was signed. | Medical records, witness statements, solicitor notes. |
| Undue Influence | Someone pressured or coerced the testator into changing the will. | Emails, texts, sudden will changes, testimony from friends or carers. |
| Lack of Proper Formality | The will wasn’t signed or witnessed in line with the Wills Act 1837. | Examination of signatures, witness availability. |
| Fraud / Forgery | The signature or content was faked, altered or concealed. | Handwriting experts, digital forensics. |
A separate route—the Inheritance (Provision for Family and Dependants) Act 1975—lets certain relatives or dependants claim reasonable financial provision even if the will itself is valid.
2. Deadlines at a Glance
| Type of Claim | Deadline | Can It Proceed After Probate? |
|---|---|---|
| Inheritance Act 1975 | 6 months from the Grant of Probate | ✅ Yes (within the 6‑month window) |
| Validity challenges (capacity, undue influence, fraud, formalities) | No fixed statutory limit—but the sooner the better | ✅ Yes |
| Proprietary estoppel / trust disputes | 12 years (land) or 6 years (other property) | ✅ Yes |
Tip: Even where no hard deadline exists, delay weakens evidence. Speak to our Probate team as soon as concerns arise.
3. How the Process Works
- Pre‑action investigations
- Request a copy of the will & probate papers.
- Gather medical notes, solicitor file, witness details.
- Enter a Caveat (optional)
Prevents probate for 6 months while you investigate. - Send a ‘Larke v Nugus’ letter
Asks the will‑writer for full background and execution notes. - Attempt mediation
Courts expect parties to try settling early. - Issue court proceedings
If no agreement, your solicitor files a claim in the Chancery Division. - Disclosure, witness evidence & expert reports
Handwriting experts, doctors, financial analysts may be involved. - Trial or settlement
Most disputes resolve before trial—but solid preparation is vital.
4. Protecting Your Will from Future Challenges
- Professional drafting – use our Will Writing service to ensure correct execution.
- Medical capacity letters – where age or illness is a factor.
- Letter of Wishes – clarify reasons if you exclude (or favour) someone; see our guide on Letters of Wishes.
- Regular reviews – update after marriage, divorce, business changes or new children.
- Trust structures – discretionary or Protective Property Trusts ring‑fence assets and reduce dispute risk.
5. Case Snapshot – Contested Will Settled Before Trial
Mr L changed his will six weeks before death, leaving his entire estate to a neighbour. His two adult children suspected undue influence:
- Evidence gathered: GP records showed confusion; solicitor’s notes lacked capacity checks.
- Action: Our team lodged a caveat and issued a Larke v Nugus request.
- Outcome: After mediation, the neighbour accepted a 25 % legacy; the children received the remainder. Probate completed within 12 months.
6. FAQs – Quick Answers
Q: Can siblings contest a will?
A: Yes—if they are beneficiaries or qualify under the 1975 Act.
Q: Who pays the legal costs?
A: Courts can order costs from the estate, the losing party, or shared—depending on conduct.
Q: Is probate automatically paused if I contest?
A: Only if you enter a caveat before the Grant of Probate.
Q: What if I discover issues after probate has been granted?
A: You can still challenge validity or bring a 1975 Act claim within time limits.
7. How Town & Country Law Can Help
- Defend or challenge wills – robust evidence gathering & mediation.
- Draft resilient wills – minimise future claims with clear wording.
- Specialist probate litigation support – from caveats to court representation.
- Comprehensive estate planning – wills, Trusts, Lasting Powers of Attorney.
Speak to our friendly team for a no‑pressure consultation—whether you’re defending a will, questioning one, or writinga watertight estate plan.
Ready to Act?
Contact Town & Country Law today via our online form or call us to book your free initial discussion.