How to challenge a will: the grounds for saying it is invalid, claims for reasonable financial provision under the Inheritance Act 1975, and the strict time limits that apply.
A will can be challenged on several grounds: that the person lacked the mental capacity to make it, that they did not know and approve its contents, that they were subject to undue influence or pressure, or that it was not signed and witnessed properly under the Wills Act 1837. Fraud or forgery are also grounds, though harder to prove.
Even where a will is perfectly valid, certain people can claim that it does not make reasonable financial provision for them. Under the Inheritance (Provision for Family and Dependants) Act 1975, eligible claimants include spouses and civil partners, former partners, children, those treated as children of the family, qualifying cohabitees and people the deceased was maintaining.
Inheritance Act 1975 claims must normally be brought within six months of the grant of probate or letters of administration. After that, you need the court's permission, which is given only in exceptional cases. Validity challenges have their own timing pressures too, so act quickly — delay can lose the claim or see the estate already distributed.
Contesting a will is litigation: it usually means gathering medical records, witness evidence and the will file, and often attempting negotiation or mediation before court. It can be costly and emotionally draining, and the outcome is rarely certain. Early specialist advice is important to weigh whether a claim is worth pursuing.
Two groups: anyone with grounds to say the will itself is invalid (such as a beneficiary of an earlier will or someone who would inherit on intestacy), and those eligible to claim reasonable financial provision under the 1975 Act — spouses, children, cohabitees of at least two years and certain dependants. Eligibility does not guarantee success.
For a claim that the will fails to make reasonable provision under the 1975 Act, the deadline is generally six months from the grant of probate, and late claims need the court's permission. Challenges to the will's validity are not subject to the same fixed period but should still be raised promptly, before the estate is distributed.
No. The Counsel is an AI tool that helps you understand the grounds, eligibility and deadlines so you know whether a challenge is worth exploring — it offers legal information, not legal advice, and does not conduct litigation or represent you. Contested probate is high-stakes, so instruct a contentious probate solicitor.
The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.
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