Key Points

Something about a will may not feel right. Perhaps you don't recognise the signature, the person who died had serious memory or cognitive difficulties, someone close to them controlled who they could see, or the will is very different from earlier wishes with no clear explanation. Meanwhile, the estate may already be progressing towards distribution. Family relationships can make these concerns especially difficult. However, a court will focus on the available evidence: the will itself, medical and other records, witness accounts, and the circumstances in which it was prepared and signed. It is important to look at the facts carefully before making allegations, particularly as delays and disputes can increase estate costs.This guide explains when there may be grounds to challenge a will, the evidence you may need, the relevant time limits, and the possible outcomes.

Do I have legal grounds?

You may have legal grounds to challenge a will if:

A court does not set aside a valid will because its terms seem harsh. Testamentary freedom generally allows a person to favour one relative, exclude another or leave an estate to a friend or charity. The starting question is therefore what went wrong in law, supported by what evidence.

Which ground fits my concern?

When considering a challenge to a will, the courts will look at each type of ground differently as follows:

Was the will signed correctly?

A will must comply with section 9 of the Wills Act 1837. The deceased must sign the document, or acknowledge an existing signature, in the presence of two witnesses who are present at the same time. Each witness must then sign or acknowledge their signature in the deceased’s presence.

Section 9 states: “No will shall be valid unless it is in writing, and signed by the testator, or by some other person in his presence and by his direction.” The section also requires an intention that the signature should give effect to the will. Evidence that only one witness attended, or that the witnesses signed later outside the deceased’s presence, may support a challenge.

Did the deceased have capacity?

The deceased needed to understand that they were making a will, the broad extent of their property, the people with possible claims upon them and the effect of the proposed gifts. A disorder affecting the mind can invalidate a will where the disorder influenced the dispositions made. A diagnosis of dementia does not, by itself, prove incapacity.

Capacity is assessed at the time the deceased gave instructions and executed the will. Medical records provide part of the evidence, alongside the will writer’s attendance notes, the complexity of the document, the deceased’s own explanation and accounts from people who saw them near the relevant date.

In Hughes v Pritchard EWCA Civ 386, the Court of Appeal set aside a finding of incapacity because the trial judge had not properly evaluated the evidence or adequately explained the rejection of expert opinion. A capacity case therefore requires a close review of all the available evidence instead of a conclusion based solely on age, illness or an unusual gift.

Did they understand the will?

An issue can arise where another person arranged the appointment, supplied instructions, translated the discussion, remained present throughout or received a substantial benefit under an unexpected new will.

In Gill v Woodall EWCA Civ 1430, the Court of Appeal held that the testatrix knew and approved the will, reversing the trial judge after evaluating the evidence as a whole. Suspicious circumstances require an explanation, although suspicion alone does not prove that the deceased misunderstood the document.

Evidence may show capacity while leaving knowledge and approval unresolved. A person can possess the mental ability to make a will and still sign a document whose contents were misrepresented or never properly explained.

What happens if a will is not valid?

If a will is found to be invalid, the estate does not simply pass to the people who would have benefited under that document. The next step depends on whether there is an earlier valid will, whether the problem affects the whole will or only part of it, and whether the parties can reach an agreement.

Possible ways of dealing with an invalid will include:

Can a will be corrected rather than declared invalid?

Sometimes. If a will was validly signed and the deceased had capacity, but the wording does not reflect what they intended, it may be possible to ask the court to rectify the will.

Rectification is available where the will fails to carry out the deceased’s intentions because:

The court can amend the will so that it gives effect to the deceased’s true instructions. This is different from a validity challenge, which argues that the will should not be admitted to probate at all.

Final words

Contesting a will is not simply a question of whether its terms feel unfair or disappointing. You will usually need evidence that there is a recognised legal problem with the will itself, such as an error in signing or witnessing, a lack of testamentary capacity, lack of knowledge and approval, undue influence, fraud, forgery, revocation or a drafting mistake.

The right course will depend on the facts. In some cases, the issue may be whether the will is valid at all. In others, it may be more appropriate to seek rectification, make a claim for reasonable financial provision, or explore an agreed settlement between those affected by the estate.

It is sensible to act promptly. Important evidence - including the original will, the will writer’s file, medical records and witness recollections - can be harder to obtain with time, and the options available may narrow once probate has been granted and the estate has been distributed. A caveat may provide time to investigate where there is a genuine dispute, but it should not be used without proper grounds.

Frequently asked questions

Can I contest a will because I was left out or received less than expected?

Not usually. A will is not invalid simply because its terms are unexpected, unequal or disappointing. To challenge its validity, you need evidence of a recognised legal ground, such as improper signing, lack of capacity, lack of knowledge and approval, undue influence, fraud, forgery or revocation. Depending on your relationship with the person who died, you may instead have a separate claim for reasonable financial provision from the estate.

How long do I have to contest a will?

The time limit depends on the type of claim. Some challenges to the validity of a will do not have the same strict short deadline as an Inheritance Act claim, but it is important to act as soon as possible. A claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 normally needs to be issued within six months of the grant of probate. Claims to correct a drafting error also generally have a six-month deadline from the grant. Prompt action helps preserve evidence and may prevent the estate being distributed.

Can I stop probate while I investigate a will?

You may be able to enter a caveat at the Probate Registry if you have a genuine dispute about the validity of a will or the right to take out a grant of probate. A caveat normally lasts for six months and can prevent a grant being issued while concerns are investigated. It is not appropriate simply to delay the administration of an estate, and it can be challenged by the person applying for probate.

What evidence is needed to challenge a will?

The evidence will depend on the reason for the challenge. It may include the original will, the will writer’s file and attendance notes, earlier wills, medical and care records, statements from witnesses, correspondence, financial documents and evidence about the deceased’s circumstances at the time the will was made. Where forgery is alleged, original signature samples and an expert handwriting opinion may also be relevant.

What happens if a will is found to be invalid?

If the latest will is invalid, an earlier valid will may take effect instead. If there is no earlier valid will, the estate will usually be administered under the intestacy rules. In some cases, the court may correct a drafting error rather than invalidate the whole will. The outcome will depend on the particular ground of challenge and the evidence available.

Further Reading:

Learn more about Inheritance Tax, including when it may be payable and the options that may reduce a future bill.

Our article on estate administration explains the personal representative’s responsibilities when managing and distributing an estate.

You can also find out how long probate can take and why some estates take longer to finalise.

Author: Jodie Hall

Jodie Hall is a Solicitor in the Private Client team at Pearcelegal, based in Solihull, West Midlands. She is regulated by the Solicitors Regulation Authority under SRA number 666606.

Jodie joined Pearcelegal in the summer of 2023, having qualified as a solicitor at a firm in London earlier that year. At Pearcelegal, she advises clients on Wills, Lasting Powers of Attorney, Probate and estate administration, and Trust matters. She has also contributed to the firm's legal content, including guidance on the probate process and considerations for making a will.

Client reviews rate Jodie 5.0 out of 5 across six reviews on Review Solicitors, Outside of work, Jodie enjoys experiencing new cuisines, cooking, and visiting National Trust sites.

Pearcelegal itself is authorised and regulated under SRA firm number 423097.

Last reviewed: September 2026

Click here for more information on what happens if you die without a will.

Click here for more information on the law of intestacy explained.