Home Legal Services Contested Wills, Probate and Estates
Worried a loved one’s will doesn’t reflect what they really wanted? Whether you suspect they lacked mental capacity, were pressured by someone, or the will wasn’t properly signed, there are legal grounds to challenge it. We’ll tell you straight whether you’ve got a case.
Get a free, no-obligation chat with our contested wills and probate team, call us on 02920 829 100 or use our Contact us form.
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Not every will dispute has merit. But when something genuinely isn’t right, the law provides ways to challenge it.
You might have a gut feeling that your parent’s final will wasn’t what they truly wanted. Perhaps they’d become confused or forgetful. Maybe someone had too much influence over them. Or the will just doesn’t match what they’d always said they wanted.
These concerns can be valid legal grounds for contesting a will. The key is understanding which ground applies to your situation and what evidence you’ll need to prove it.
Our inheritance dispute solicitors have seen hundreds of these cases. We’ll give you an honest assessment of your grounds, the strength of your evidence, and your realistic chances of success. If you’ve got a case worth pursuing, we’ll fight your corner. If the odds are against you, we’ll tell you that too.
Want to know where you stand? Call us on 02920 829 100 or use our Contact us form.
This is one of the most common grounds for challenging a will. For a will to be valid, the person making it must have had the mental capacity to understand what they were doing.
The legal test comes from a case called Banks v Goodfellow, decided back in 1870 but still used today. It says the person must:
Conditions like dementia, Alzheimer’s, severe depression, or the effects of medication can all affect capacity. But it’s not black and white. Someone with early dementia might still have good days when they can validly make a will. The question is always: did they have capacity at the specific time they made or changed their will?
What evidence helps? Medical records are crucial. GP notes, hospital records, and care home assessments from around the time the will was made can paint a picture of the person’s mental state. Witness statements from family, friends, or carers who saw them regularly also matter. In many cases, we’ll need a retrospective medical expert report.
Sometimes people are pressured, manipulated, or coerced into making a will that doesn’t reflect their true wishes. This is undue influence, and it can make a will invalid.
The courts set a high bar here. It’s not enough that someone persuaded or encouraged the person to leave them something. Undue influence means the person was forced to do something against their real wishes. The court looks for whether they thought: “This isn’t what I want, but I have no choice.”
Undue influence often happens behind closed doors, which makes it hard to prove. But certain patterns raise red flags:
What evidence helps? Witness statements about the person’s vulnerability and their relationship with the alleged influencer. Evidence of isolation or control. Changes in the person’s behaviour or attitude towards family. The circumstances around how the will was arranged and signed.
Even if someone had mental capacity, the will is only valid if they actually knew what was in it and approved its contents.
This ground often comes up when:
The law presumes that if a will was properly signed, the person knew and approved it. But suspicious circumstances can shift that burden. If a main beneficiary was involved in preparing the will, or the person signed without it being read to them, questions arise.
What evidence helps? The solicitor’s file notes (if a solicitor prepared it) showing what was explained. Witness statements about the signing. Evidence that the person couldn’t have understood the document. Any instructions or earlier wills that show different intentions.
A will must meet strict legal formalities to be valid. Section 9 of the Wills Act 1837 sets out the requirements:
Get any of these wrong and the will may be invalid. Common problems include:
What evidence helps? The will itself shows the signatures. Statements from the witnesses about what actually happened. The solicitor’s file if one was involved. Sometimes forensic document examination if forgery is suspected.
If a will has been forged, or someone deliberately deceived the person into making it, the will is invalid.
Fraud can take different forms:
These cases are serious, and the evidence bar is high. But when fraud has happened, courts will act.
What evidence helps? Forensic handwriting analysis for suspected forgeries. Evidence that allegations made against a beneficiary were false. Witness statements about what the person was told. Document examination for suspected tampering.
Sometimes a will is valid but contains mistakes. Perhaps the solicitor misunderstood instructions, or a clerical error crept in. If the will doesn’t accurately record what the person actually wanted, you can apply to the court to rectify (correct) it.
Rectification is limited to genuine errors, where there’s clear evidence of what the person actually intended.
What evidence helps? The solicitor’s attendance notes and file. Earlier drafts. Letters or emails showing the person’s intentions. Witness statements about what they said they wanted.
You can also challenge a will under the Inheritance (Provision for Family and Dependants) Act 1975, but this works differently from the grounds above.
With an Inheritance Act claim, you’re not saying the will is invalid. You’re saying that even if it’s valid, it doesn’t make reasonable financial provision for you.
Who can claim?
The court looks at your financial needs, the size of the estate, other beneficiaries’ needs, and various other factors to decide whether you should receive more from the estate.
Important: Inheritance Act claims have a strict six-month time limit from the grant of probate. Miss this deadline and you’ll need the court’s permission to proceed.
View more on Inheritance Act Claims
Time limits depend on which ground you’re using:
| Type of Claim | Time Limit |
|---|---|
| Lack of testamentary capacity | No strict limit, but act quickly |
| Undue influence | No strict limit, but act quickly |
| Lack of knowledge and approval | No strict limit, but act quickly |
| Lack of valid execution | No strict limit, but act quickly |
| Fraud or forgery | No strict limit |
| Rectification | 6 months from grant of probate |
| Inheritance Act claims | 6 months from grant of probate |
Even where there’s no strict deadline, delay causes problems. Once assets are distributed, recovering them becomes much harder. Evidence gets lost. Witnesses’ memories fade. Medical records may be destroyed.
If you have concerns about a will, get advice early.
People often ask us about success rates. The honest answer is: it depends entirely on your specific case, and reliable statistics are hard to come by because most disputes settle privately.
Here’s what we do know from official sources:
The gap between 10,000 disputes and 122 court cases tells you something important: most cases resolve through negotiation or mediation, not in a courtroom. That’s often the best outcome for everyone involved.
What affects your chances?
Success depends on factors specific to your case:
We’ll give you an honest assessment based on your specific facts. If you have a strong case, we’ll tell you. If the odds are against you, we’ll tell you that too.
Choosing a law firm for something this personal is a big decision. You want experts who actually understand your situation, respond when you need them, and give you straight answers. That’s us. We’re one of Wales’ leading commercial law firms, and we do things a bit differently.
You won’t be passed through layers of gatekeepers here. When you call, you’ll speak to the solicitor handling your matter. You’ll have their mobile number, their email, and a genuine working relationship. Our clients tell us this makes all the difference when you’re dealing with something as emotionally charged as a will dispute.
We don’t work in silos. Our team shares knowledge across departments, jumps in on each other’s projects, and stays close to every case. So if your usual contact is unavailable, someone else can step in quickly, without a formal handover and without missing a beat.
Devolved decision-making and flexible working hours mean we can move at pace. You’ll get faster responses, even outside regular office hours. Need an urgent answer about lodging a caveat? We’re set up for exactly that.
Getting to know our clients properly matters to us. Face-to-face meetings, regular catch-ups, and genuine effort into building lasting relationships. Plenty of larger firms aren’t prepared to do that. We are.
You’ll always get the full picture from us. Clear options, each with its own risk level, so you can make informed decisions. No sugar-coating, no hedging. Just practical guidance and high-quality legal work at a fair price.
Regular, honest communication is something we take seriously. You’ll never be left wondering where things stand with your case or what’s coming next.
We’re the leading commercial law firm with offices in South and North Wales offering Welsh language legal services at every level, from trainees right through to partners. This isn’t an add-on or a tick-box exercise. It’s part of who we are. If you need a solicitor who can work fluently in Welsh, you’ll find that expertise right across our team.
We’ll have a detailed conversation about your situation. This initial chat is free and comes with no obligation. We’ll listen to what’s happened, ask questions about the evidence you have, and give you an honest assessment of your grounds and chances of success.
If you have reasonable grounds, we may recommend entering a caveat at the Probate Registry. This temporarily stops a grant of probate being issued, buying time to investigate properly before assets can be distributed.
We’ll help you gather the evidence needed to support your grounds. This might include obtaining medical records, getting witness statements, reviewing the solicitor’s file, or instructing expert reports. We’ll keep you updated on what we’re finding and what it means for your case.
Before rushing to court, we’ll write to the executors and other beneficiaries setting out your position. Many disputes settle at this stage once everyone understands the strength of the evidence. We’ll explore all options for resolution, including mediation.
Around half of will disputes settle without court proceedings. We’re skilled negotiators who understand when to push and when to compromise. If mediation can achieve a fair outcome more quickly and cheaply, we’ll help you get there.
If agreement isn’t possible, we’ll guide you through court proceedings. Only about 2% of contested will cases reach a final trial. We’ll prepare you for what to expect and fight hard for the outcome you deserve.
We believe in transparency when it comes to costs. At the outset, we’ll give you a clear picture of likely fees and discuss funding options.
What affects the cost?
The cost of contesting a will varies based on:
Potential funding arrangements:
We’ll discuss all available options during your initial consultation.
Your presentation of evidence was brilliant, and was hugely uplifting to read. Thank you for all your advice and help along the way which enabled this outcome.
Mrs R Jones
The main grounds for contesting a will’s validity are: lack of testamentary capacity (the person didn’t have the mental ability to make a valid will), undue influence (they were pressured or coerced), lack of knowledge and approval (they didn’t understand what was in the will), lack of valid execution (the will wasn’t properly signed and witnessed), and fraud or forgery. You can also challenge a will under the Inheritance Act 1975 if it doesn’t make reasonable financial provision for you, though this doesn’t invalidate the will itself.
You’ll need evidence that the person didn’t meet the legal test for capacity at the time they made their will. Medical records are crucial, particularly GP notes, hospital records, and any assessments from around that time. Witness statements from people who saw the person regularly help paint a picture of their mental state. In most cases, we’ll also need a retrospective expert medical opinion. The key is showing they didn’t understand what they were doing, the extent of their assets, or who might expect to benefit.
Undue influence means someone coerced or manipulated the person into making a will that didn’t reflect their true wishes. It goes beyond mere persuasion or encouragement. Courts look for evidence that the person had no real choice, that they were isolated or controlled, or that someone in a position of trust abused that relationship. Red flags include sudden unexplained changes to the will, a beneficiary who arranged the will, or the person becoming dependent on someone who then benefits substantially.
Yes. You don’t have to be named in a will to challenge it. If you were a beneficiary under an earlier will, you can challenge the later one. If you were financially dependent on the deceased, you may have a claim under the Inheritance Act regardless of what the will says. Spouses, children, and cohabitants have particular rights to claim reasonable provision even if they’ve been left out entirely.
It depends on your grounds. For Inheritance Act claims, the limit is six months from the grant of probate, though courts can grant permission to claim later in some cases. For will rectification, it’s also six months. For validity challenges (capacity, undue influence, execution problems, fraud), there’s no strict deadline, but you should act quickly. Once assets are distributed, recovering them becomes much harder, and evidence deteriorates over time.
Yes, but it’s more difficult. For Inheritance Act claims, you’ll need the court’s permission if you’re past the six-month deadline. For validity challenges, you can still proceed, but if assets have already been distributed, clawing them back creates practical problems. That’s why we always advise getting in touch as soon as you have concerns, ideally before probate is granted.
Costs vary significantly depending on the complexity of your case and how far it goes. Simple cases that settle through early negotiation cost less than contested court proceedings. Initial disputes might be resolved for a few thousand pounds. Complex cases going to trial can cost significantly more. We’ll give you a realistic estimate based on your specific situation and discuss funding options including no win, no fee arrangements where appropriate.
Timescales vary considerably. Straightforward cases that settle quickly might resolve within three to six months. More complex cases, particularly those involving court proceedings, can take 12-18 months or longer. Around half of contested will cases settle before proceedings are issued, and only about 2% reach a final trial hearing. We’ll give you a realistic timeline based on your circumstances.
If the will is declared invalid, the estate is distributed according to any previous valid will. If there’s no earlier will, the intestacy rules apply, meaning assets pass to family members in a set order (spouse first, then children, then other relatives). Before challenging a will, it’s important to understand what would happen if you succeed, as the outcome might not always be what you expect.
You’re not legally required to use a solicitor, but will disputes are complex and emotionally charged. The evidence requirements are specific, time limits can be strict, and getting it wrong can be costly. A specialist solicitor can assess your grounds realistically, gather the right evidence, negotiate effectively, and represent you in court if needed. Most importantly, we can tell you early on whether your case has merit, potentially saving you time, money, and stress.
A caveat is a notice you lodge with the Probate Registry to temporarily stop probate being granted. It buys time to investigate your concerns before the executors can start distributing assets. A caveat lasts six months and can be renewed. If the executors issue a “warning” against it, you have 14 days to respond with an “appearance” explaining your grounds. Caveats are useful when you have genuine concerns but need time to gather evidence. Don’t lodge one without proper grounds, as you could face costs if the caveat is found to be abusive.
Yes. Executors named in a will can raise concerns about its validity if they believe the deceased lacked capacity, was unduly influenced, or if the will was forged. However, executors have duties to the estate and beneficiaries, so they need to act carefully. If you’re an executor with concerns, get specialist advice on your position and responsibilities.
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If you’re worried about a loved one’s will, or you’ve been left out and don’t know where to turn, we’re here to help. Our initial consultation is free and comes with no obligation. We’ll listen to your situation, give you honest advice about your grounds, and explain what happens next.
Get a free, no-obligation chat with our contested wills and probate team, call us on 02920 829 100 or use our Contact us form.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
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