How long do I have to contest a will?

There is no single fixed deadline for challenging the validity of a will, but delays can work against you. For claims under the Inheritance (Provision for Family and Dependants) Act 1975, there is a strict six-month time limit from the date a Grant of Probate or letters of administration is issued. That deadline can be extended by the court, but this is not guaranteed. If you have concerns about a will, seek legal advice promptly.

Can I contest a will without a solicitor?

Technically, you can represent yourself in civil proceedings, but contested probate cases are complex. They involve evidence law, procedural rules, and in many cases expert medical evidence. Most people find that instructing a specialist solicitor significantly improves their position. Some solicitors offer an initial consultation at a fixed fee or free of charge.

Does contesting a will mean going to court?

Not necessarily. Many contested probate disputes are resolved through negotiation or mediation before any court proceedings are issued. The ACTAPS Pre-Action Protocol actively encourages parties to try to resolve matters without litigation. Court proceedings are a last resort when other routes have failed.

What happens to the estate while a dispute is ongoing?

The estate is effectively frozen. No valid Grant of Probate can be issued while a caveat is in place. This means executors cannot sell assets or distribute funds to beneficiaries. Disputes can significantly delay the administration of the estate, sometimes by years.

Can an adult child contest a will if they were left nothing?

An adult child can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if the will does not make reasonable financial provision for them. However, adult children are not automatically entitled to inherit, and courts apply a high threshold before awarding provision to a financially independent adult child. Legal advice is essential before bringing such a claim.

What is a caveat and how do I enter one?

A caveat is a notice lodged at the Probate Registry that prevents a Grant of Probate from being issued without the caveator being informed. You can apply online through the HMCTS Probate Service or by post to the Principal Registry of the Family Division. The fee is £3 per caveat for a private individual (as of May 2026; check current court fees at gov.uk/court-fees before applying). The caveat lasts six months and can be renewed.

Contested probate: what to do when a will is disputed

Disagreements about a person's will are more common than many families expect. They are also among the most stressful legal situations a bereaved person can face. This guide explains what contesting a will actually means, who can do it, on what grounds, and what the process looks like in England and Wales.

What does it mean to contest a will or probate?

When someone dies leaving a will, that document is submitted to the Probate Registry so a Grant of Probate can be issued. The grant is the legal authority that allows executors to deal with the estate.

“Contesting probate” can mean two different things:

Challenging the validity of the will itself. You are arguing that the document should not be treated as the deceased's valid last will at all.
Claiming reasonable financial provision from the estate. You are not necessarily arguing the will is invalid, but that it fails to make adequate provision for you as a dependant or close family member.

These are separate legal routes and the steps involved differ considerably.

Who can contest a will?

Not everyone has the legal standing to challenge a will. Generally speaking, you may be able to contest if you:

Are named in the will being challenged (as a beneficiary or executor).
Were named in an earlier will that would take effect if the current will is declared invalid.
Would inherit under the intestacy rules if there were no valid will at all.
Are a spouse, civil partner, cohabitant, child, or person who was financially dependent on the deceased, and are bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

If you are not sure whether you have standing, a contentious probate solicitor can advise you after a short initial consultation, which many firms offer at a fixed fee or at no charge.

Grounds for challenging the validity of a will

There are five main legal grounds on which a will can be declared invalid in England and Wales.

1. Lack of testamentary capacity

For a will to be valid, the person making it (the testator) must have had the mental capacity to do so at the time it was signed. The legal test comes from the Victorian case of Banks v Goodfellow (1870). The testator must have understood the nature of making a will, the general extent of their property, who might reasonably benefit, and any claims they were choosing to exclude. They must also have been free from any disorder of the mind that influenced them unduly.

Dementia, severe mental illness, or the effects of medication can all affect capacity in certain circumstances. However, a diagnosis of dementia does not automatically mean a person lacked capacity. Capacity can fluctuate. Medical records and the attendance notes of the solicitor who prepared the will become important evidence.

2. Undue influence

Undue influence means someone pressured, coerced, or manipulated the testator into making a will in a way that does not reflect their genuine wishes. This is difficult to prove because courts do not presume undue influence in will disputes. You must produce positive evidence of coercion.

Circumstantial evidence might include: the deceased becoming increasingly isolated, a single individual heavily involved in preparing the will, the will being changed shortly before death when the deceased was vulnerable, or the new will being dramatically different from previous ones without explanation.

3. Fraud or forgery

If the will itself was forged, or if the testator was deceived into signing it believing it to be a different document, the will can be challenged on grounds of fraud. Handwriting analysis, forensic document examination, and witness evidence all become relevant.

4. Lack of knowledge and approval

Even where the testator had capacity, a court may refuse to admit a will to probate if it is not satisfied that the testator knew and approved the contents. This often arises where the person who benefits from the will was also involved in preparing or arranging it. In those circumstances, the burden shifts to the executor to satisfy the court.

5. Failure to comply with the Wills Act 1837

For a will made in England or Wales to be valid, it must: be in writing, be signed by the testator, have the signature made or acknowledged in the presence of two witnesses present at the same time, and each witness must sign the will in the testator's presence. If any requirement was not met, the will may be invalid.

Claims under the Inheritance (Provision for Family and Dependants) Act 1975

The 1975 Act allows certain people to apply to court for reasonable financial provision from an estate, even if the will is technically valid. Who can apply:

A spouse or civil partner of the deceased.
A former spouse or civil partner who has not remarried.
A person who lived with the deceased as spouse or civil partner for at least two years immediately before the death.
A child of the deceased (including adult children).
Anyone treated by the deceased as a child of the family.
Any other person who was maintained, wholly or partly, by the deceased immediately before their death.

Claims must normally be made within six months of a Grant of Probate or letters of administration being issued. The six months runs from the date the grant is issued, not from the date of death. This deadline can be extended by the court, but extensions are not guaranteed and you should not rely on this. Act promptly.

How to enter a caveat at the Probate Registry

If you have reason to believe a will is invalid, you can enter a caveat at the Probate Registry. A caveat is a formal notice that prevents a Grant of Probate from being issued without you being notified.

A caveat lasts for six months and can be renewed. The fee is £3 per caveat for a private individual applying using form PA8A (as of May 2026; court fees change periodically — check the current fee at gov.uk/court-fees before applying). You can apply online at HMCTS or by post to the Principal Registry of the Family Division. Once a caveat is in place, the executor cannot obtain a grant without either waiting for the caveat to lapse or issuing a “warning” to the caveator. If you receive a warning and want to maintain your caveat, you must enter an “appearance” within eight days.

Mediation as an alternative to court

Contentious probate litigation is expensive, slow, and emotionally draining. Mediation offers an alternative route. Both sides meet with an independent mediator who helps them work towards a negotiated settlement without deciding the outcome. Mediation is confidential and considerably cheaper than a full trial.

Courts actively encourage mediation. A party who unreasonably refuses to mediate may face adverse costs orders even if they win at trial. The court's approach to mediation has developed significantly since Halsey v Milton Keynes General NHS Trust [2004]. The Court of Appeal in Churchill v Merthyr Tydfil County Borough Council [2023] confirmed that courts can in appropriate cases order or require parties to attempt mediation. You should take legal advice on current court expectations regarding mediation before refusing it.

Costs and timelines in contested probate

Contested probate is one of the more expensive areas of civil litigation. Cases often run between one and three years, though simpler disputes can resolve sooner through mediation or negotiation. The general rule is that the losing party pays the winner's costs, but in probate cases the court has wider discretion. You should ask your solicitor to advise on cost risk before committing to litigation.

Conditional fee arrangements (no-win, no-fee) may be available for 1975 Act claims and some validity challenges, but not universally.

What happens to the estate during a dispute?

When probate is disputed, the estate is effectively frozen. The executor cannot distribute assets to beneficiaries until the dispute is resolved. Where a caveat is in place, the executor cannot obtain a grant at all. Time-sensitive matters, such as selling a property or dealing with business assets, may be delayed significantly. If the estate includes perishable assets or an ongoing business, urgent advice from a solicitor is essential.

Practical steps if you think a will was made under undue influence

Do not delay. Evidence becomes harder to obtain over time.
Gather what you have. Collect any correspondence, text messages, or contemporaneous notes that suggest the deceased's true wishes or unusual behaviour around the time the will was made.
Obtain medical records. A solicitor can apply on your behalf for the deceased's medical records, which may reveal cognitive decline or vulnerability.
Contact the will-drafting solicitor. The solicitor who prepared the will may have attendance notes recording the instructions they were given.
Enter a caveat. If probate has not yet been granted, entering a caveat buys time while you investigate.
Take legal advice. A contentious probate solicitor can assess the strength of your evidence and advise on the most appropriate next steps.