How to Challenge a Will in the UK: Process, Costs and Time Limits

Around 1 in 20 wills in the UK faces some form of dispute after death. Challenging a will is not about disagreeing with the deceased's wishes — you need specific legal grounds, evidence, and usually a solicitor. Most claims must start within six months of the grant of probate, and costs can run into tens of thousands of pounds if the case goes to court.

Who Can Challenge a Will in the UK

Not everyone can challenge a will. The law limits who has standing to bring a claim, and the category you fall into determines which grounds you can use.

You can challenge a will if you are:

• A beneficiary named in the current will or a previous will
• A spouse, civil partner, or former spouse who has not remarried
• A child of the deceased, including adult children
• Someone treated as a child of the family (for example, a stepchild)
• Someone financially dependent on the deceased immediately before death
• A cohabitee who lived with the deceased for at least two years before death

If you do not fall into one of these categories, you cannot bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. You may still be able to challenge the validity of the will itself if you have evidence of fraud, undue influence, or lack of capacity — but these claims are harder to prove and usually require you to be an interested party who would benefit from the will being set aside.

Executors and beneficiaries also have a right to challenge if they believe the will is invalid. If the will is declared invalid, the estate passes under an earlier valid will or, if none exists, under intestacy rules.

Legal Grounds for Challenging a Will

You cannot challenge a will simply because you think it is unfair. The courts recognise five main grounds for a challenge, and each requires specific evidence.

1. Lack of testamentary capacity
The person making the will must have understood what they were doing, known the extent of their estate, and appreciated who might have a claim on it. If the deceased had dementia, a brain injury, or was heavily medicated when they signed the will, you may be able to argue they lacked capacity. Medical records, GP notes, and witness statements are critical here. The test comes from a 1870 case called Banks v Goodfellow and is still used today.

2. Lack of knowledge and approval
Even if the deceased had capacity, they must have known and approved the contents of the will. This ground is used when someone else prepared the will and the deceased may not have understood what they were signing — for example, if they were blind, illiterate, or the will was read to them in a language they did not fully understand.

3. Undue influence or coercion
If someone pressured, manipulated, or coerced the deceased into making or changing their will, the will can be set aside. Undue influence is difficult to prove — you must show the deceased's free will was overpowered, not just that someone nagged or persuaded them. Evidence might include sudden changes to the will, isolation from family, or a pattern of control by one person.

4. Fraud or forgery
If the will was forged, the signature was faked, or someone tricked the deceased into signing a document they believed was something else, the will is void. Handwriting experts and witness testimony are often needed. Fraud claims are rare but can succeed if the evidence is clear.

5. Failure to meet formal requirements
A valid will must be in writing, signed by the person making it, and witnessed by two independent witnesses who were present at the same time. If the witnesses were beneficiaries, or if the will was not properly signed, it may be invalid. The rules for a valid will are strict, and small errors can sometimes be fatal to the document.

6. Reasonable financial provision claims
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can claim the will does not make reasonable financial provision for them. This does not challenge the validity of the will — instead, it asks the court to override the will and award a share or increase your share. The court considers your financial needs, the size of the estate, and the deceased's obligations to you. This is the most common type of claim.

Each ground has different evidence requirements and different chances of success. Many cases settle before trial because the cost and uncertainty of litigation make negotiation more attractive.

Time Limits for Challenging a Will

Strict deadlines apply, and missing them can end your claim before it starts.

For reasonable financial provision claims under the 1975 Act, you must issue your claim within six months of the grant of probate. The grant of probate is the court document that gives executors authority to administer the estate — the six-month clock starts from the date the grant is issued, not the date of death. The court can extend this deadline in exceptional circumstances, but you will need a very good reason and it is far better to act quickly.

For claims challenging the validity of the will — such as lack of capacity, undue influence, or forgery — there is no fixed time limit, but you must act within a reasonable time. What counts as reasonable depends on the facts: if you only discovered the fraud years later, the court may accept a late claim, but if you knew about the issue and sat on it, your claim may be struck out. In practice, most validity challenges are brought within one to two years of death.

If you think you have a claim, enter a caveat at the probate registry as soon as possible. A caveat is a formal notice that prevents the grant of probate being issued for six months. It costs £3 and gives you time to investigate and take advice. You can renew it every six months if needed. Once probate is granted and assets are distributed, it is much harder to recover money from beneficiaries, so acting early protects your position.

How to Start a Will Challenge

Challenging a will is not something you do yourself. You need a solicitor who specialises in contentious probate, and the process usually follows these steps:

Step 1: Get legal advice
Book a consultation with a contentious probate solicitor. Take copies of the will, any earlier wills, correspondence with executors, and evidence supporting your claim. The solicitor will assess your grounds, estimate your chances, and explain the likely costs. Many firms offer a free or fixed-fee initial consultation. Do not wait months to do this — the clock is ticking.

Step 2: Gather evidence
Your solicitor will help you collect medical records, witness statements, financial documents, and any other evidence that supports your claim. If you are challenging capacity, GP records and care home notes are essential. If you are claiming financial dependence, bank statements and bills showing the deceased supported you will be needed. This stage can take weeks or months.

Step 3: Enter a caveat (if probate has not been granted)
If the grant of probate has not been issued, your solicitor will enter a caveat at the probate registry. This stops probate being granted and prevents the executors distributing the estate while you investigate your claim. The caveat lasts six months and can be renewed. If probate has already been granted, you move straight to the next step.

Step 4: Send a letter before action
Before issuing court proceedings, you must send a formal letter to the executors or the other side explaining your claim, the legal grounds, and what you want. This is required by the pre-action protocol for inheritance disputes. The other side has a set time to respond, usually 14 to 28 days. Many cases settle at this stage once both sides see the evidence and understand the costs of going to court.

Step 5: Issue court proceedings
If the other side does not settle, your solicitor will issue a claim in the Chancery Division of the High Court or, for smaller estates, the County Court. You will need to pay a court fee (currently £455 for a claim over £10,000) and serve the claim on the defendants. The defendants — usually the executors or beneficiaries — then file a defence, and the case moves into the court process.

Step 6: Mediation or trial
Most will disputes are settled through mediation, where both sides meet with a neutral mediator to negotiate a compromise. Mediation costs a fraction of a trial and usually takes place a few months after proceedings are issued. If mediation fails, the case goes to trial, where a judge hears evidence and makes a binding decision. Trials can take several days and are expensive — legal costs on both sides can exceed £50,000 for a contested case.

How Much Does It Cost to Challenge a Will?

Will disputes are not cheap, and you need to budget carefully before you start.

Solicitor's fees for a will challenge typically range from £5,000 to £50,000 or more, depending on the complexity of the case and whether it settles or goes to trial. Straightforward claims settled through negotiation or mediation might cost £5,000 to £15,000. Cases that go to trial can easily exceed £50,000, especially if expert witnesses, barristers, and multiple court hearings are needed.

Most contentious probate solicitors charge by the hour, with rates ranging from £200 to £500 per hour depending on the seniority of the lawyer and the location of the firm. London firms tend to be more expensive than regional firms. Some solicitors offer no-win no-fee (conditional fee) agreements for financial provision claims, but these are less common for validity challenges.

Court fees start at £455 for issuing a claim over £10,000. Mediation costs are usually split between the parties and range from £1,000 to £3,000 per day, depending on the mediator.

If you lose, you may have to pay the other side's legal costs. This is the biggest financial risk in will disputes. The usual rule is that the loser pays the winner's costs, though the court has discretion and may decide each side pays their own costs or make a different order depending on the conduct of the parties. Before you start a claim, ask your solicitor for a realistic assessment of your chances and the worst-case costs scenario.

Some claims can be funded by insurance. After-the-event (ATE) insurance covers the other side's costs if you lose, and can be taken out once a claim starts. The premium is usually deferred and only paid if you win, either from your damages or the estate. Ask your solicitor whether ATE insurance is available and advisable for your case.

Legal aid is not available for will disputes except in very rare circumstances involving children or vulnerable adults.

What Happens If the Will Is Successfully Challenged?

The outcome depends on the type of claim and the court's decision.

If the will is declared invalid, the estate passes under the previous valid will. If there is no earlier will, the estate is distributed according to the intestacy rules, which follow a fixed legal order: spouse or civil partner first, then children, then other relatives. This can produce unexpected results — for example, an unmarried partner receives nothing under intestacy, even if they lived with the deceased for decades.

If you succeed in a financial provision claim under the 1975 Act, the court can order that you receive a lump sum, regular payments, or a share of specific assets such as the family home. The court has wide powers and will consider what is reasonable in your circumstances, not what the deceased wanted. The payment comes from the estate, reducing what the other beneficiaries receive.

Most cases settle, meaning the parties agree a compromise without a final court ruling. Settlement usually involves a payment to the claimant in exchange for them dropping the claim and signing a legal agreement. Settlements are confidential, and the terms are not made public. The advantage of settlement is that both sides avoid the cost, delay, and uncertainty of trial, and can move on.

Common Reasons Will Challenges Fail

Many will challenges fail, often for predictable reasons. Understanding these pitfalls can save you time and money.

The most common reason is lack of evidence. Claims based on lack of capacity, undue influence, or fraud require strong, objective evidence. Witness statements from family members saying "Mum wasn't herself" or "He was manipulated" are not enough. You need medical records, contemporaneous notes, expert opinions, and preferably evidence from independent witnesses.

Another common problem is missing the deadline. Financial provision claims must be issued within six months of probate, and many people wait too long, thinking they have more time or hoping the executors will negotiate. Once the deadline passes, your claim is almost certainly dead unless you can show exceptional circumstances.

Weak financial need is a major issue in 1975 Act claims. If you are financially secure, in good health, and were not dependent on the deceased, the court is unlikely to award you anything, even if you are a child. The law does not guarantee children inherit — it only requires reasonable provision, and what is reasonable depends on need, not entitlement.

Unrealistic expectations also sink cases. Some claimants believe they are entitled to half the estate or that the court will punish the deceased for being unfair. The court's job is not to rewrite the will to match your idea of fairness — it is to decide whether there are legal grounds to challenge it or whether the will fails to meet your reasonable financial needs. If you cannot show either, your claim will fail.

Finally, many claims fail because the cost of continuing is too high. Even if you have a strong case, if the other side digs in and the estate is small, the legal costs can exceed what you might win. A pragmatic settlement, even for less than you hoped, is often better than a costly battle that eats up the estate.

Alternatives to Court: Mediation and Negotiation

Most will disputes settle without trial, and the courts actively encourage parties to mediate before going to a final hearing.

Mediation is a process where both sides meet with a neutral mediator — usually an experienced solicitor or barrister — to discuss the dispute and explore settlement options. Mediation is voluntary, confidential, and usually takes one day. The mediator does not make a decision; they help the parties find common ground and negotiate a deal both sides can live with.

The advantages of mediation are speed, cost, and control. A mediation session costs a few thousand pounds, split between the parties, compared to tens of thousands for a trial. It can be arranged within weeks, not months, and if you settle, you avoid the stress and unpredictability of court. You also keep control of the outcome — in mediation, you agree the settlement; at trial, a judge imposes it.

Mediation works best when both sides are willing to compromise and understand the risks of going to trial. It does not work if one side is completely unreasonable or if the dispute is really about principle rather than money. But in most cases, once people sit in a room together and see the evidence and costs, common sense prevails.

Negotiation without formal mediation is also common. Solicitors on both sides exchange letters, evidence, and settlement offers, and often reach an agreement without ever going to court. If you can settle early, before court proceedings are issued, you save the £455 court fee and the cost of preparing court documents and witness statements.

Before you commit to litigation, ask your solicitor whether mediation or negotiation might achieve what you want at a fraction of the cost. Many experienced contentious probate solicitors will push hard for early settlement because they know the cost and emotional toll of a trial.

When to Walk Away

Not every dispute is worth pursuing, and sometimes the best decision is to accept the will and move on.

If the estate is small — say, under £50,000 — and your claim is uncertain, the legal costs may exceed what you could win. A £30,000 estate split three ways leaves £10,000 per beneficiary. If you spend £15,000 on legal fees to argue for a bigger share, you may end up worse off even if you win.

If you are not financially dependent on the deceased, have your own income and assets, and were not close to them in the last years of their life, a financial provision claim is unlikely to succeed. Adult children who are self-sufficient have a weak claim unless they can show they were promised something or were financially dependent.

If the evidence is thin — no medical records, no witnesses, no documentation — your claim will struggle, and the other side will fight harder knowing you cannot prove your case. Bluffing does not work in contentious probate; judges are experienced and can spot a weak case quickly.

Finally, consider the emotional cost. Will disputes destroy families. Siblings stop speaking, relationships break down, and the stress can last years. Sometimes, accepting less than you wanted and preserving relationships is the wiser choice, especially if the financial difference is small.

Speak to a solicitor early, get realistic advice, and weigh the financial and emotional costs before you commit to a challenge. For more detail on who can bring a claim and the legal grounds, see our full guide on contesting a will.

This is general information, not legal advice. Wills and inheritance rules vary — for anything binding, use a regulated solicitor or will-writing service.