Contesting a Will in UK 2026

If you’re considering contesting a will in the UK, it’s essential to understand the grounds for contesting, including undue influence, lack of capacity, and Inheritance Act claims. In this article, we’ll guide you through the process of contesting a will in the UK, including the relevant laws, such as the Mental Capacity Act 2005 and the Inheritance (Provision for Family and Dependants) Act 1975.

Grounds for Contesting a Will

In the UK, a will can be contested on several grounds, including undue influence, lack of capacity, and want of knowledge and approval. Undue influence, as defined in the case of Edwards v Edwards (2008), occurs when a person is coerced or manipulated into making a will that does not reflect their true wishes. Lack of capacity, as outlined in the Mental Capacity Act 2005 Section 2, refers to a person’s inability to make informed decisions due to mental or physical incapacity. Want of knowledge and approval, as established in the case of Gill v Woodall (2011), occurs when a person does not fully understand the contents of their will. In addition to these grounds, claims can also be made under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals, such as spouses, civil partners, and children, to make claims for reasonable financial provision.

Key takeaway: To contest a will, you must establish one of the recognized grounds, such as undue influence, lack of capacity, or want of knowledge and approval.

The Inheritance (Provision for Family and Dependants) Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to make claims for reasonable financial provision from the estate of a deceased person. These individuals include spouses, civil partners, children, and dependants. To make a claim, you must demonstrate that the will, or the intestacy rules, do not make reasonable financial provision for you. The court will consider factors such as your financial resources, the size of the estate, and the deceased person’s obligations towards you. In the case of Ilott v Mitson (2017), the Supreme Court clarified the approach to be taken when considering claims under the Inheritance Act, emphasizing the importance of considering the deceased person’s reasons for making the will in the way they did.

Key takeaway: If you are a spouse, civil partner, child, or dependant, you may be able to make a claim for reasonable financial provision under the Inheritance Act.

Undue Influence and Lack of Capacity

Undue influence and lack of capacity are two common grounds for contesting a will. Undue influence occurs when a person is coerced or manipulated into making a will that does not reflect their true wishes. Lack of capacity, as outlined in the Mental Capacity Act 2005 Section 2, refers to a person’s inability to make informed decisions due to mental or physical incapacity. In the case of Walker v Walker (2014), the court considered the issue of undue influence and lack of capacity, and emphasized the importance of considering the deceased person’s vulnerability and the influence exerted by others. To establish undue influence or lack of capacity, you will need to gather evidence, such as witness statements, medical records, and documentation of the deceased person’s circumstances.

Key takeaway: To establish undue influence or lack of capacity, you must gather evidence that demonstrates the deceased person’s vulnerability and the influence exerted by others.

The Process of Contesting a Will

The process of contesting a will in the UK involves several steps, including issuing a caveat, making a claim, and negotiating a settlement. A caveat is a formal notice that prevents the grant of probate, which is the legal document that confirms the executor’s authority to administer the estate. To make a claim, you will need to prepare a formal claim form, which must be served on the executor or administrator of the estate. In the case of Graham v Graham (2011), the court considered the issue of delay in making a claim, and emphasized the importance of acting promptly to avoid being time-barred. You may also need to consider alternative dispute resolution, such as mediation or arbitration, to resolve the dispute without going to court.

Key takeaway: To contest a will, you must issue a caveat, make a claim, and negotiate a settlement, and consider alternative dispute resolution to avoid going to court.

Time Limits and Costs

There are strict time limits for contesting a will in the UK. Generally, a claim must be made within six months of the grant of probate, although this time limit can be extended in certain circumstances. In the case of Lloyd v Jones (2015), the court considered the issue of delay and the extension of time limits, and emphasized the importance of acting promptly to avoid being time-barred. The costs of contesting a will can be significant, and you may need to consider funding options, such as a conditional fee agreement or third-party funding. You should also be aware of the potential risks, including the risk of being ordered to pay the other party’s costs if you are unsuccessful.

Key takeaway: To avoid being time-barred, you must make a claim within six months of the grant of probate, and consider funding options to cover the costs of contesting a will.

Frequently Asked Questions

What are the grounds for contesting a will?

Undue influence, lack of capacity, and want of knowledge and approval.

Can I make a claim under the Inheritance Act?

Yes, if you are a spouse, civil partner, child, or dependant.

How long do I have to make a claim?

Generally, six months from the grant of probate.

What are the costs of contesting a will?

Significant, and you may need to consider funding options

Try LitigaForge AI free at litigaforge.com to get expert guidance on contesting a will in the UK.

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