Contested Wills, Trusts and Probate

Can a Will be contested?

Under English law, individuals have the freedom to leave their assets to whomever they choose. However, there are circumstances where a will can be challenged, and disputes over wills have become increasingly common in recent years.

Challenging the Validity of a Will

A will may be contested if there are concerns about how it was prepared or executed. Common grounds include:

• Lack of mental capacity – If the person making the will (the testator) did not have the necessary mental capacity at the time of signing, the will may be invalid.

• Lack of knowledge or approval – The testator must understand and approve the contents of their will. If this is in doubt, a challenge may be possible.

• Undue influence or fraud – A will can be contested if the testator was pressured or manipulated, or if their judgment was influenced by false information about family members.

• Failure to comply with formalities – Wills must be signed and witnessed correctly. If these requirements are not met—or if a signature is forged—the will may be declared invalid.

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

Certain individuals can make a claim if they have not been reasonably provided for in a will. Eligible claimants include:

• Current or former spouses of the deceased
• Children (including those treated as a child of the deceased)
• Individuals financially maintained by the deceased
• Partners who lived with the deceased in a relationship akin to marriage or civil partnership for at least two years before death

When considering such claims, the court will assess factors such as the claimant’s financial needs, the size and nature of the estate, and any obligations the deceased had towards others.

Property-Based Claims

In some cases, property-related claims may arise. Examples include:

• Family promises – A child who worked on a family farm for little or no pay, relying on a promise that the farm would one day be theirs.

• Cohabitation contributions – A partner who contributed significantly to a property, such as paying towards a mortgage or renovations, may have grounds to claim a share if they were not provided for in the will.

Reducing the Risk of a Challenge

To minimise the risk of your will being contested, it is essential to seek advice from a specialist solicitor. Professional guidance ensures your wishes are clearly documented and legally robust.

What If You Have a Claim?

If you believe you may have a claim against an estate, it is important to act quickly. Contact a specialist in our Contentious Trusts and Probate Team for expert inheritance dispute advice and support.