What Is the Success Rate of Contesting a Will? (UK)

You can sometimes contest a will if you believe it does not reflect the wishes of your loved one, they did not freely make the will or they did not have sufficient mental capacity at the time of making the will. You may also argue that the will does not make reasonable financial provision for you. There are several grounds for contesting a will and you will need to have proof to contest it successfully.

Unfortunately, the complexity of cases in this area means that there are very few statistics about the success rate of contesting a will. The Law Society Gazette reported that 11,589 applications were made to block probate in the 12 months to July 31st 2025, based on HM Courts & Tribunals Service figures. This involves entering a caveat to stall the probate process while you resolve your concerns.

Not every caveat leads to a court hearing. Many disputes were resolved before that stage, and separate reporting from The Guardian found that only 195 inheritance disputes went before judges in 2021-22. This shows that many inheritance disputes are resolved before a final court hearing, often through alternative dispute resolution methods such as correspondence, negotiation or mediation. Although inheritance disputes have increased since this time, both those that have reached a final court hearing and those that resolve before that stage.

It is difficult to determine your chances of success in contesting a will without knowing the specific facts of your dispute. A solicitor can give you a better idea of whether you are eligible to do so and help you through the legal process of inheritance disputes. Read on to learn more about contesting wills and when to seek legal advice.

Please note: the information in this guide covers laws relating to England and Wales. For wills in Scotland, different regulations apply.

What Percentage of Contested Wills Are Successful?

The success rate is influenced by factors such as the strength of the evidence, grounds for contesting, and skill of the legal representation. In some cases, success rates can be high, especially when there are clear grounds for contesting, such as lack of capacity or undue influence.

There isn’t a reliable fixed percentage for how many contested wills are successful. This is because many cases settle before they reach a final court hearing. These settlements can contribute to a higher perceived success rate, as they often result in favourable outcomes for the contesting party. JMW is skilled in negotiation and mediation, aiming to reach amicable settlements where possible.

What Are the Legal Grounds for Contesting a Will in the UK?

To challenge a will in England and Wales, you need valid legal grounds to do so. Some grounds relate to whether the will was signed and witnessed correctly under the Wills Act 1837. Others relate to wider legal principles, such as whether the testator had testamentary capacity to make a valid will, understood and approved the will or was placed under undue influence. Separately, if the will or intestacy rules do not make reasonable financial provision for someone who was financially dependent on the deceased, they may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Another common reason to make a legal challenge against a will is because of coercion or undue influence by another person named in the will. This could mean the will was changed to reflect this influence, and therefore does not reflect the deceased's wishes. While this is not easy to prove, it may be clear if someone who was not close to the testator was left with most of the estate. These cases commonly involve a testator who had lost mental capacity.

Alternatively, you may believe that the will was subject to forgery - that it was written by someone else, who then forged the deceased person’s signature. While it is difficult to prove a lack of testamentary capacity, undue influence or forgery, you must have evidence in order to begin legal proceedings.

A simpler way to contest a will in England and Wales is to do so on the basis that the proper legal formalities were not followed to make it valid. This could mean that the will was not signed in the presence of two independent witnesses. Contesting the valid execution of a will is more common if a solicitor did not assist in writing it. Contesting an invalid will would mean the rules of intestacy are applied if you were to be successful, unless your loved one had a previous will. As such, it is important to consider the potential outcomes of this decision.

The success rate of contesting wills in England and Wales is brought down significantly by the number of contested probate claims that are launched without sufficient proof, or those which are not based on any legitimate grounds.

The more proof you can gather, the higher your chances of successfully contesting a will. However, this can be difficult to do, especially if you are trying to evidence undue influence or other suspicious circumstances where tangible evidence does not exist.

While it is not the same as contesting a will, you may be able to claim as a financial dependent of the deceased. This is available to close family members in cases where the will does not provide reasonable financial provision. The success rate of this process is generally higher, but this type of claim must still be approached carefully by specialist lawyers to have the best odds of success.

You have a higher chance of contesting a will when you use a specialist solicitor who is trained in contesting wills. At JMW, our contested probate specialists will let you know if you have reasonable evidence to make a case before you contest a will, and will inform you of your chances of success. You can read more about what happens when a will is contested to prepare for the challenging process. If you believe you have valid grounds to contest a will, you should speak to our team as soon as possible to determine whether you have the necessary legal standing.

Challenges in Contesting a Will

Contesting a will in the UK is a complex legal process, involving several challenges that you must be prepared to face, especially when involving large estates or unclear provisions in the will. With a solicitor by your side, these difficulties become significantly easier to manage. However, even with expert legal advice to support you, it is important to know what to expect.

One of the primary challenges is making sure that you have a valid legal reason to contest the will. These grounds can range from a lack of testamentary capacity and undue influence, to the will not being correctly executed.

Evidence must be compelling and robust, especially in cases where undue influence or testamentary capacity is in question. Often, this involves collecting detailed statements, medical records and testimonies from independent witnesses.

Something you may also be considering is the emotional weight of contesting a will, especially when grieving the loss of a loved one. The process may strain family relationships and can be financially demanding.

These are all valid points to consider when deciding whether or not to begin the legal process. Your solicitor will talk you through these and listen to your concerns. When working with a solicitor, they will take the bulk of the legal responsibility from your shoulders, alleviating as much of the pressure as they can.

Is it Worth Contesting a Will?

There are a number of factors you should weigh up before firmly deciding to contest a will. Some of these are personal and unique to your situation, while others are related to the law and your financial means - for example, the need to pay court fees. When you call us, we will do our best to help you make the right decision for your circumstances.

Emotional impact and family dynamics

Consider the emotional impact of contesting a will. Such actions can lead to family disputes and strained relationships. It is essential to evaluate whether the potential outcome is worth these emotional costs. While a will dispute may disrupt some aspects of your relationships, it may also provide others with the support they need, so it is sometimes worthwhile to proceed with a challenge even in light of the risk of family conflict.

Financial implications

Contesting a will brings some financial costs, including legal fees and potential litigation costs. It is important to assess whether the potential benefits outweigh these expenses. Your solicitor can provide a breakdown of the predicted costs involved and evaluate the financial feasibility of your case. You may also have legal expenses insurance that can cover some of these costs. Often, funds you secure through a successful inheritance dispute may cover your legal costs. In some cases, we may be able to offer a no win, no fee arrangement.

The strength of the case

The likelihood of success depends on the strength of your case, including the availability and quality of evidence. One of the key reasons to speak to a solicitor before making any legal decisions is that they can assess the merits of your case and provide a realistic outlook on the chances of success.

Alternatives to litigation

It is also worth considering alternative dispute resolution methods over court litigation, such as mediation or negotiation. These options can be less confrontational and more cost-effective.

Contesting a will is a decision that requires careful consideration of various factors. The specialist lawyers at JMW will be by your side to provide the necessary legal advice and support, so you can make an informed decision on whether it is worth contesting a will in your unique circumstances.

How Long Do You Have to Contest a Will?

The time limit for contesting a will largely depends on the grounds for the contest. For instance, if you are contesting a will based on the Inheritance (Provision for Family and Dependants) Act 1975, you typically have six months from the date of the grant of probate to make a claim. In certain circumstances, the court may grant extensions beyond these standard time limits. However, these exceptions are not guaranteed and depend on the specifics of each case.

Acting swiftly is key in contesting a will. Delaying action risks missing the legal deadline and could affect availability of the evidence required to build a strong case. Once the deceased’s estate has been distributed, it can also be much harder to address problems with their will. You should call JMW for a phone consultation, where we will be able to establish what next steps are available to you.