Can a will be challenged?
Yes. A will can be challenged in England and Wales — either by disputing its validity (on grounds such as lack of mental capacity, undue influence, improper signing, or forgery) or by claiming the will fails to make reasonable financial provision for a spouse, partner, child or dependant under the Inheritance Act 1975. Most provision claims must be brought within six months of probate.
Detailed explanation
There are two very different ways to contest a will, and people often confuse them.
1. Challenging whether the will is valid. If successful, the court sets the will aside and the estate passes under an earlier valid will or the intestacy rules. The recognised grounds are:
- Lack of testamentary capacity — the person did not understand what they were doing when they made the will, for example because of dementia. The test comes from the case Banks v Goodfellow.
- Lack of valid execution — the will was not signed and witnessed correctly under section 9 of the Wills Act 1837 (it must be in writing, signed by the testator, and witnessed by two people present at the same time).
- Undue influence — the person was coerced or pressured into making the will, beyond mere persuasion.
- Lack of knowledge and approval — the person did not truly know or approve the contents, perhaps where the will was unusual or they were vulnerable.
- Fraud or forgery — the will or a signature was faked.
2. Claiming reasonable financial provision (Inheritance Act 1975). Even a perfectly valid will can be challenged if it leaves certain people without reasonable provision. England and Wales has testamentary freedom — you can in principle leave your estate to whoever you like — but the 1975 Act lets a defined group ask the court to adjust the outcome. Eligible applicants include a spouse or civil partner, a former spouse who has not remarried, a cohabiting partner of at least two years, children, and anyone the deceased was financially maintaining.
Tom's father remarried late in life and left his entire estate to his new wife, leaving nothing to Tom, who has a disability and was financially supported by his father. The will is valid, so Tom cannot dispute its validity — but as a child who was being maintained, he may bring a claim under the Inheritance Act 1975 for reasonable financial provision, provided he applies within six months of probate being granted.
Sources
- Wills Act 1837, section 9 (valid execution) — legislation.gov.uk
- Inheritance (Provision for Family and Dependants) Act 1975 — legislation.gov.uk
- Banks v Goodfellow (1870) — the test for testamentary capacity
- GOV.UK — Stop a probate application (enter a caveat)
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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