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Dispute Resolution
Contest a will
Our team of solicitors will give you all the advice you need on contesting a will, and support you through legal action.
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Not all will disputes are the same, and timing can be important
Understanding your options when contesting a will
Sometimes families can have differing views of what a deceased relative wanted or intended in their will. Promises may have been made verbally, or there may be concerns about the validity of a will. If you think you need to contest a will, talk to someone with the legal knowledge and expertise to help you decide the best course of action.
Can I contest a will?
There are a lot of reasons someone might be able to contest a will, from the mental state of the deceased person when they made the will, to provision for dependents. It’s also important to consider your circumstances if you decide to proceed. Our specialist contentious probate solicitors can help you make the rights decisions and secure a good outcome.
"A really great team of people working here who cover a range of private client and related matters." Legal 500 2026
Time limits to contest a will
If you want to contest a will, seek expert legal advice as soon as possible. Time limits to do this vary. There is generally six months from the date of probate, although this is different in cases of fraud. If possessions from the estate have already been distributed, this makes it more difficult to get what is due to you.
Grounds for contesting a will
- Lack of capacity. If you believe a person didn’t have the mental capacity to make their will or change it.
- Provision for dependents. If a person has not made reasonable provision for a spouse, civil partner, minor children or adult children in constrained circumstances.
- Fraudulent will, forgery or improper execution.
- Undue influence. If you believe someone was coerced over provisions in their will.
Read our helpful guide on how to contest a will.
Legal and financial advice under one roof
Tees is a top-tier Legal 500 firm offering joined-up legal and financial services. We have our own independent financial advisers (IFAs), who work closely with our lawyers.
Our advisers provide holistic financial planning, and as we are not connected to any one provider, we can offer a whole-of-market approach for the range of products we can advise on. We can also give independent advice for a whole range of insurance products to protect you and your family. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we’re accountable for the advice we give.
Get in touch today, we’re here to help
Whether you have concerns about a straightforward Will or are facing a complex dispute involving significant assets, family businesses or agricultural property, our team can help. We provide clear, practical advice tailored to your circumstances, helping you understand your options and the steps available to challenge a Will.
We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales.
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Contesting a Will FAQs
What happens when a Will is contested?
A Will can only be contested on specific legal grounds. If the party who intends to contest the Will is unable to reach a resolution with the executors and beneficiaries of the Will, then an application will need to be made to court, setting out the basis of the challenge to the Will.
Who can contest a Will?
Anyone with a claim against an estate that relates to the content, drafting or execution of the Will can potentially challenge a Will. The most common claimants are spouses, children, family members or dependants of the deceased and beneficiaries of the Will, or creditors. Claims can also be made against an estate if a claimant was promised to be remembered in the Will by the deceased, which they relied on, but did not receive. Close family members, dependants and cohabitees can also make an claim against an estate on the basis that the Will failed to make reasonable provision for them.
When can I contest a Will?
Usually, it is important to take advice quickly following a death, for a number of reasons, if you think you may have a claim. A claim for reasonable provision must be issued within 6 months of the grant of probate (which can be extended in certain circumstances). Therefore, it is necessary to contact the executors of the estate as soon as possible, to try and reach an agreement, without having to issue court proceedings. The same time limit does not apply if you are challenging the Will, but it is sensible to proceed as soon as possible, as so as to avoid unnecessary evidential difficulties and to avoid adverse tax or cost implications for the estate.
How do you contest a Will?
It is sensible to engage the services of a specialist solicitor. They will contact the executors of the Will on your behalf to notify them of your potential claim. Depending on the type of claim you have, your solicitor may recommend that a caveat is entered to prevent a grant of probate being obtained in respect of the Will. If resolution of your claim cannot be agreed between you and the executors and beneficiaries of the Will, an application to the court may be necessary.
Who pays to contest a Will?
Each party is responsible for their own legal costs. An agreement may be reached whereby your legal costs are paid by the estate. If your claim is determined by the court and you succeed, you can ask the court to determine which party should pay your costs.
How much does it cost to contest a Will?
The overall cost of dispute will depend on the issues involved, the number of witnesses and documentary evidence involved, whether expert evidence is needed and the point at which a case is concluded.processes if needed.
What constitutes undue influence in a Will?
Undue influence is where pressure, coercion or undue influence is exerted on the testator (the person making the will) so as to procure a Will in particular terms, that is not the expression or result of their own free will.
Is it hard to contest a Will?
The basis on which a Will might be contested will depend on the particular circumstances. Evidence might be gathered from witnesses, documents and/or experts. A specialist solicitor will be able to represent you and advise as to how best to proceed.
Can wills be contested on behalf of someone else?
A claim could be issued by a litigation friend for a minor or by an attorney. Otherwise, the court would expect the claim to be issued by the person with the claim.
Do I need to involve a court for contesting a Will?
In the first instance there is an obligation on the parties to a dispute to attempt resolution without litigation via Alternative Dispute Resolution (ADR). If this is not possible court proceedings will be necessary.
Can I contest a will based on mental capacity?
Yes. A Will can be challenged on the ground that at the date instructions were given and/or the Will executed the testator lacked capacity. Medical records, witness evidence and expert psychiatric evidence is likely to be needed to prove the claim.
Frequently asked questions
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