Contesting a Will: Grounds, Process and Time Limits

Discovering that a loved one's Will doesn't include you — or leaves you significantly less than expected — can be deeply upsetting. If you believe a Will is unfair or invalid, you may have legal grounds to challenge it.

Contesting a Will is a serious step, and not every claim will succeed. This guide explains the grounds for challenging a Will, who can make a claim, and what the process involves.

Grounds for Contesting a Will

There are two distinct legal routes for challenging a Will in England and Wales. They're often confused, but they work very differently.

Challenging the Validity of a Will

A Will can be declared invalid if it fails to meet the legal requirements. The main grounds are:

Lack of testamentary capacity — the person didn't understand what they were doing when they made the Will. This is common in cases involving dementia, Alzheimer's, or other conditions affecting mental capacity.

Undue influence — someone pressured, coerced, or manipulated the person into making the Will (or specific provisions within it). This is notoriously difficult to prove but not impossible.

Fraud or forgery — the Will, or part of it, was created dishonestly. For example, the testator was tricked into signing a document they didn't understand, or the signature was forged.

Improper execution — the Will wasn't signed and witnessed correctly. Under the Wills Act 1837, a Will must be signed by the testator in the presence of two witnesses, who then both sign in the testator's presence.

Lack of knowledge and approval — the testator didn't know or approve the contents of the Will. This can happen when someone else prepared the Will and the testator signed it without fully understanding what it said.

Inheritance Act Claims: "Reasonable Financial Provision"

Even if a Will is perfectly valid, certain people can claim that it doesn't make "reasonable financial provision" for them. This is governed by the Inheritance (Provision for Family and Dependants) Act 1975.

Who can make a claim?

• The deceased's spouse or civil partner
• A former spouse or civil partner (who hasn't remarried)
• A child of the deceased (of any age)
• Anyone treated as a child of the family (e.g., stepchildren)
• A person who was financially maintained by the deceased
• A cohabitant who lived with the deceased for at least 2 years before death

The court considers several factors when deciding a claim, including the applicant's financial needs, the size of the estate, any obligations the deceased had to the applicant, and the needs of the beneficiaries named in the Will.

The Process of Contesting a Will

Will Disputes in East Yorkshire

Will disputes can arise in any family, and they're often complicated by grief and longstanding family dynamics. If you're in Bridlington or East Yorkshire and have concerns about a Will, it's important to seek advice from a solicitor who understands both the law and the emotional sensitivity of these situations.

At Safe Harbour Legal, we can advise on both sides of Will disputes — whether you want to challenge a Will or you're an executor defending one. We always try to resolve matters through negotiation first, keeping costs and stress to a minimum.