Chester Will Solicitors | Make a will
Will Solicitors in Chester A Will is a very important document as it establishes what happens [...]
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What are the four main grounds for Contesting a Will
There are four main grounds to legally contesting a will, which include the following:
- The will is not valid
- The deceased lacked sufficient capacity when the Will was written or amended
- Fraud
- Undue influence was involved when the deceased made their will.
If you have any concerns in relation to the validity of a will of a deceased person, then it is possible to enter a ‘caveat’ at the Probate Registry. This in turn will stop a Grant of Probate from being issued. This will then give you time to raise any concerns you have about the Will before the administration of the Estate is dealt with.
Step
Validity
A will shall only be valid if:
A) It is written, and signed by the testator or another person who is in their presence and doing so upon their request.
B) It is apparent that the testator’s signature was given to give effect to the will.
C) The signature is witnessed by at least two witnesses who also provide their signatures to show that they have witnessed the testator’s signature.
D) The other grounds which will be discussed can also contribute to the ground that the will is not valid.
Step
Capacity
When a person is deciding to enter into a will, they must be of ‘sound mind’ when it is created and signed. This means that:
A) They must understand the nature of making a will and the effects that this will have.
B) They must be aware of the extent of their property and how this will be disposed of.
C) They must not have any condition or disease which alters their mental ability to an extent which means that they did not have a sufficient level of understanding when deciding how their estate will be distributed.
If you doubt that a testator had sufficient mental capacity when drafting their will, you will need to prove that this was the case. You can apply to have the testator’s medical records to be assessed by a court in order to challenge the validity of a will.
Step
Fraud
If you believe that the person who made the will did not in fact sign it and that someone else has signed it on their behalf, then it is possible to challenge the will. You can look into this further by instructing an expert to look into the usual signature of the deceased compared to the one on the will.
Step
Coercion
If you believe that the deceased has been forced into nominating certain people into their will against their own intentions, you can challenge the will.
As with all claims, you will need to provide substantive supporting evidence in order to prove that the will is not valid.
If you are considering the option of contesting a will it is important to act quickly and seek legal advice. Here at Freeman Jones we are experts in dealing with contesting wills and will be happy to speak with you.
Contesting A Will FAQs
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Wills are typically contested by the surviving spouse, children, or other dependents who were financially supported by the deceased. Beneficiaries of a will or someone owed money by the deceased can also contest a will.
That said, anyone with a beneficial or potential beneficial interest in the estate of the deceased, or who feels they have a valid legal claim, can contest a will.
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- Witness statements
- Helpful documents
- Medical evidence
Related Articles
Contesting Wills FAQ
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- Typically, close relatives or dependents such as spouses, civil partners, ex‑partners (if not remarried), children (including over 18s and step-/adopted children), or anyone they financially supported can challenge a will under the Inheritance Act 1975.
- Beneficiaries, those promised an inheritance, creditors, or someone acting on behalf of a child, may also bring a challenge.
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A will can be contested on several grounds:
- Lack of testamentary capacity – the deceased didn’t understand their estate and the implications when making the will.
- Lack of due execution – issues with signing or witnessing of the will.
- Lack of knowledge and approval – the deceased didn’t understand the contents or consent to them.
- Undue influence or coercion – the deceased was pressured or forced into decisions they wouldn’t have made.
- Fraud or forgery – including fake signatures, unauthorized alterations, or misrepresentation.
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You’ll generally need:
- Witness statements and supporting documents (e.g., correspondence, recordings).
- Medical records to assess capacity.
- Expert analysis in cases of suspected forgery or undue influence.
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- For claims under the Inheritance Act 1975 (e.g., lack of reasonable financial provision), you must apply within six months from the date probate is granted.
There is no strict time limit for challenging the validity of a will due to capacity, execution faults, fraud, or undue influence, but delays can make it harder to reclaim assets once the estate is distributed, often within 12 months.
- For claims under the Inheritance Act 1975 (e.g., lack of reasonable financial provision), you must apply within six months from the date probate is granted.
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Yes, contesting after probate is granted is possible, but:
- It can be costly and requires further legal advice.
- The longer you wait, the harder it is, as assets may have already been distributed.
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The court may apply an earlier valid will or distribute the estate according to intestacy rules (e.g., to next of kin or the Crown if none).
A successful claimant isn’t guaranteed to receive anything; it’s at the court’s discretion.
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Not always. Many disputes are resolved through:
Negotiation or mediation, especially when handled by specialist solicitors.
Court proceedings are usually a last resort if no agreement is reached.
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Costs vary depending on complexity and whether the matter goes to court.
Freeman Jones Solicitors offer fixed fees for initial advice and may consider no-win, no-fee arrangements in some cases.
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