If you feel that you have legal grounds to challenge a will after the testator (the person who made the will) has died, you may find yourself wondering: what are the chances of winning a will contest? UK law has multiple mechanisms by which you can challenge a will at different stages of the probate process, and there are several grounds that are considered legally valid for doing so. However, it can be an expensive, time consuming and emotionally difficult process, so you should be confident of your chances of success before you decide to issue such a challenge.

Many cases settle out of court before proceedings are issued, and this is often the best outcome for everyone. Contesting a will in court can be difficult and unviable unless you are very certain of victory and have strong evidence to back up your claim, so it is important to consult a solicitor at the earliest opportunity.

Here, the will dispute experts at JMW will explain when you can legally challenge a will.

How can I challenge a will?

There are several legal grounds on which you can challenge a will. For example, if you suspect that the testator did not have the mental capacity to make the will, or was somehow unaware of the contents of their will - for example, if the will does not match with the deceased’s stated intentions before they died - these might be legal grounds to challenge the will. If you believe the will is forged or believe someone else coerced the testator into making a will in a particular way, this is also a legally valid reason to issue a challenge.

Ideally, you should challenge the will at the earliest opportunity and before a grant of probate is issued. Usually, the executor of a will should apply for a grant of probate as one of the first steps after the testator has died. If you have a problem with the will, you should enter a caveat at the soonest opportunity to prevent probate being granted, because it can become much more difficult to challenge a will after probate has been granted.

If you have successfully issued a caveat, the probate process will pause and you will then have six months to resolve any issues with the will before a grant of probate is issued. After the end of this six-month period, you can extend the caveat for a further six months, and can continue to do so provided there are good reasons. If you have not issued a caveat and the grant of probate has been issued, your only option to challenge a will is to pursue further legal action. You should speak to a solicitor as soon as possible if you are unsure how the law applies to your circumstances as there can be serious consequences if you issue a caveat in inappropriate circumstances.

Read more about what happens when a will is contested and if an executor can challenge a will.

Can you challenge a will if you are unhappy with it?

You cannot challenge a will on the grounds that you were unfairly missed out (except in the specific scenarios listed above), or that your inheritance is less than you think is fair, and there is no chance of winning this type of will contest. If you were financially dependent on the deceased but were not left a gift in their will or were not left a sufficient enough sum to support you, you may be able to make a claim for maintenance under the Inheritance Act. This is different from challenging a will and some of the people entitled to claim in this way are:

• A spouse or ex-spouse
• A child (including biological, adopted and step-children, or anyone who was treated as a child of the deceased)
• Someone who has lived with the deceased for at least two years
• Someone who was being maintained by the deceased

You may qualify for this type of payment even if it becomes clear that the deceased left you out of the will on purpose, but there are many factors that are taken into account when evaluating whether or not to grant maintenance claims, so if you feel you are entitled to make one you should research eligibility for these claims and speak to an expert solicitor to advise on this process.