How long do you have to contest a Will?

Claims under the Inheritance Act must be made within 6 months of the Grant of Probate. Fraud or forgery claims can be brought later. Act quickly if you intend to contest.

How much does it cost to contest a Will?

Contesting a Will can cost 10,000 to 100,000 pounds or more. Most claims are funded on a no-win no-fee basis. The process can take 1-3 years.

Can You Contest a Will in the UK?

Q: Can you contest a Will in the UK?

Yes, but only on specific grounds: lack of testamentary capacity, undue influence, fraud, forgery, or a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Grounds for Contesting a Will

Ground	What it means	Difficulty
Lack of testamentary capacity	The person did not have mental capacity when the Will was made	High — must prove at time of signing
Undue influence	Someone pressured or coerced the person into making the Will	Very high — hard to prove
Fraud or forgery	The Will was fraudulently created or the signature forged	High — requires expert evidence
Lack of knowledge and approval	The person did not understand the Will they signed	Medium
Inheritance Act 1975 claim	A spouse, child or dependant was not adequately provided for	Medium — most common route

💡 Feeling the distribution is unfair is not enough. English courts respect testamentary freedom. You must have a legally recognised ground.

Who Can Contest a Will?

Anyone who was a named beneficiary in a previous Will, a spouse or civil partner, a child (including adult children), or anyone financially dependent on the deceased can bring a claim. Mere expectation of inheritance is not sufficient.

Time Limits

Inheritance Act claims: 6 months from the date of the Grant of Probate — strict deadline
Fraud or forgery: No fixed time limit, but delay weakens claims
Lack of capacity / undue influence: 12 years from date of death in most cases

The Cost of Contesting

Contesting a Will is expensive. Legal costs typically run from £10,000 to over £100,000 depending on complexity. Most contentious probate lawyers work on a no-win no-fee or conditional fee basis. Proceedings can take 1–3 years.

Even if successful, costs are not always awarded against the other side — and the estate itself often bears much of the cost, reducing what beneficiaries receive.

How a Well-Drafted Will Reduces Risk of Challenge

A professionally drafted Will, properly witnessed and signed, creates a presumption of validity. Adding a capacity assessment note (especially for older testators), using a trusted automated system, and storing an original signed copy safely all reduce the risk of a successful challenge.

Sources & references

Authoritative UK government, HMRC, statute and Citizens Advice sources. Last reviewed: 31 May 2026.

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