Contesting Wills UK 2026

If you suspect that a will was created under undue influence, lack of capacity, or does not adequately provide for you, you may be able to contest it in the UK. This article guides you through the process of contesting a will in the UK 2026, including the key grounds for contesting a will and the steps you need to take to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Grounds for Contesting a Will in the UK

To contest a will in the UK, you must have grounds to do so. The main grounds for contesting a will are: lack of capacity, undue influence, fraud, and lack of proper execution. Under Section 9 of the Wills Act 1837, a will must be in writing, signed by the testator, and witnessed by two people. If the will does not meet these requirements, it may be invalid. Additionally, if the testator lacked capacity or was subject to undue influence, the will may also be contested. The Mental Capacity Act 2005 provides guidance on assessing a person’s capacity to make a will. In the case of Hawes v Burgess [2013] EWCA Civ 74, the court considered the issue of undue influence and found that the testator had been subject to undue influence when making her will.

Key takeaway: You can contest a will in the UK if you have grounds such as lack of capacity, undue influence, or improper execution.

Inheritance Act Claims in the UK

If you are a spouse, child, or dependant of the deceased and have not been adequately provided for in the will, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. To make a claim, you must show that the will does not make reasonable provision for you. The court will consider factors such as your financial resources, your relationship with the deceased, and your financial needs. In the case of Ilott v Mitson [2017] UKSC 17, the Supreme Court considered the issue of reasonable provision and found that the court has a broad discretion to decide what constitutes reasonable provision. You must make a claim under the Inheritance Act within six months of the grant of probate or administration.

Key takeaway: You can make a claim under the Inheritance Act if you are a spouse, child, or dependant and have not been adequately provided for in the will.

Undue Influence and Lack of Capacity

Undue influence and lack of capacity are two common grounds for contesting a will in the UK. Undue influence occurs when someone exerts pressure or influence over the testator, causing them to make a will that they would not have made otherwise. Lack of capacity occurs when the testator does not have the mental capacity to make a will. The Mental Capacity Act 2005 provides guidance on assessing a person’s capacity to make a will. In the case of Walker v Badmin [2015] EWHC 3248 (Ch), the court considered the issue of undue influence and found that the testator had been subject to undue influence when making her will.

Key takeaway: You can contest a will if you suspect that the testator was subject to undue influence or lacked capacity when making the will.

Steps to Contest a Will in the UK

To contest a will in the UK, you should follow these steps: 1. Seek legal advice from a solicitor who specializes in will disputes; 2. Gather evidence to support your claim, such as witness statements or medical records; 3. Make a claim under the Inheritance Act or challenge the validity of the will; 4. Attend a mediation or negotiation to try to resolve the dispute; 5. Go to court if necessary. It is essential to act quickly, as there are time limits for making a claim under the Inheritance Act or challenging the validity of the will. In the case of Re Dix [2000] 1 All ER 710, the court considered the issue of time limits and found that a claim under the Inheritance Act must be made within six months of the grant of probate or administration.

Key takeaway: You should seek legal advice and gather evidence to support your claim when contesting a will in the UK.

Mediation and Negotiation in Will Disputes

Mediation and negotiation can be effective ways to resolve will disputes in the UK. Mediation involves a neutral third party facilitating a discussion between the parties to try to reach a settlement. Negotiation involves direct discussion between the parties to try to reach a settlement. In the case of Re Beddoe [1893] 1 Ch 547, the court considered the issue of mediation and found that mediation can be a useful way to resolve disputes. The UK government has also introduced the Civil Procedure Rules 1998, which encourage parties to use alternative dispute resolution methods such as mediation and negotiation.

Key takeaway: Mediation and negotiation can be effective ways to resolve will disputes in the UK without going to court.

Frequently Asked Questions

What are the grounds for contesting a will in the UK?

The grounds for contesting a will are lack of capacity, undue influence, fraud, and lack of proper execution.

How do I make a claim under the Inheritance Act?

You must show that the will does not make reasonable provision for you and make a claim within six months of the grant of probate or administration.

What is undue influence in the context of wills?

Undue influence occurs when someone exerts pressure or influence over the testator, causing them to make a will that they would not have made otherwise.

How long do I have to contest a will in the UK?

You must make a claim under the Inheritance Act within six months of the grant of probate or administration, and you should act quickly to challenge the validity of the will.

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