There are many reasons why someone might want to contest a will after a friend or family member dies. Anyone who benefits under an earlier will or on an intestacy if there is no earlier will might want to contest a will and challenge its validity. It may be possible to resolve these issues privately, but if it can not be done, legal action could be pursued. 

In the following guide, the expert contentious probate solicitors at JMW will outline who can contest a will. UK law makes contesting a will difficult and there is a high standard of evidence required to overturn a will, so we will also detail how you should approach challenging a will. If you want to contest a will, read our guide and consider seeking expert legal advice to determine whether your claim has a chance to succeed.

Can I Contest a Will?

If you believe a will is not valid for certain specific reasons, you may be able to contest it. You must have a valid legal concern and it will need to be supported by evidence. Partners, children, cohabitees and those who were maintained by the testator (the person making the will) may be able to claim for financial provision from an estate in certain circumstances. 

Alternatively, if you have evidence to suggest that the deceased intended to include you in their will, but you are not named through some kind of error, you may be able to launch a challenge, although your success in this challenge will depend heavily on the quality of your evidence.

Additionally, those who the testator was indebted to, whether they owed money or property, may be able to make a claim in the deceased’s estate.

Before contesting a will, you may want to consider the costs involved and the effect it may have on the other people involved - dealing with a will after a testator’s death can be a highly stressful process, and it may be better to first attempt to mediate a good solution with the other parties. However, if this is not possible, seek help from a wills disputes solicitor who you trust to guide you through this sensitive process.

How to Contest a Will

For a will to comply with the required legal formalities it must:

• Be signed by the testator, and witnessed and signed by two other people who are not relatives or partners of any of the beneficiaries and are not beneficiaries themselves
• Be signed by the testator of their own free will with their knowledge and approval of the contents of it

If you think that the will making process has been carried out incorrectly, or not at all, you could contest the will. To do so, you will need to gather sufficient evidence to prove that these issues exist and that the document is not a valid will. To do so, we recommend seeking the advice of an expert solicitor who will be able to assess your circumstances and guide you on what evidence to collect and how.

You may be able to contest a will if:

• It was not signed by the testator, due to a forgery or otherwise
• The testator did not have testamentary capacity when they wrote it
• The testator was pressured into writing the will with undue influence
• The testator did not know or approve the contents of their will when they signed it
• The will does not make reasonable financial provision for you or another named person who was financially dependent on the deceased

Certain aspects of a contested will may be easier to prove than others. For example, if the testator was not sound of mind when they wrote it, you may be able to acquire medical records that state as much. However, it may be more difficult to prove that someone pressured the testator to write the will, as you may need strong witness statements which can be difficult to gather if the testator is deceased.

Read more about what happens when a will is contested.

JMW Can Help

If you think there is an issue with a will and you want to contest it, seek legal advice from the experienced legal professionals at JMW. In line with the standards set by the Solicitors Regulation Authority (SRA), we will be able to assess your situation in a free consultation and advise you on what you should do next if you want to pursue your challenge. We will guide you through the process of collecting evidence and we can facilitate communications between you and the other parties. We always do everything we can to resolve a situation before recommending court proceedings, as these can be time-consuming and stressful.