This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how courts in England and Wales review contested wills, including legal grounds for challenges, how evidence is assessed, procedural steps in disputed probate cases, time limits and practical considerations for beneficiaries and interested parties.
When someone believes a will is not valid or should not be treated as the final statement of a deceased person's wishes, they may challenge it. In England and Wales, contested will cases are typically resolved through the civil court system, with judges evaluating evidence on specific legal grounds. This article explains how courts review contested wills, the legal principles they apply, the types of evidence considered, the procedural steps involved, and practical guidance for anyone navigating such disputes. The aim is to make complex legal concepts understandable to non‑experts while remaining accurate for solicitors.
Legal Basis for Contesting a Will
In England and Wales, a will is presumed valid unless compelling evidence is presented to show otherwise. The primary legal basis for reviewing a contested will centres on validity challenges, where the court examines whether a will meets legal requirements at the time it was made. These challenges are distinct from claims under the Inheritance (Provision for Family and Dependants) Act 1975, which focus on inadequate family provision rather than will validity.
A contest often arises during contentious probate proceedings, which address disputes over the validity, interpretation or enforcement of wills. The court's task is to determine whether the will should stand or be declared invalid, in whole or in part, based on evidence.
Common Legal Grounds for Contesting a Will
Courts scrutinise contested wills based on several recognised legal grounds. To succeed, claimants bear the burden of proof on the balance of probabilities - meaning it must be more likely than not that the contested fact is true.
1. Lack of Testamentary Capacity
The testator (the person making the will) must have had mental capacity when the will was executed. The standard derives from Banks v Goodfellow (1870), requiring that, at the time of signing the will, the testator:
- understood the nature and effect of making a will;
- understood the extent of their assets; and
- appreciated the claims of persons who might expect to benefit from the estate.
Medical evidence, such as records or expert psychiatric opinion, is often central to proving or refuting capacity issues.
2. Lack of Knowledge and Approval
Even if a will is formally executed, it may be invalid if the testator did not know and approve its contents. This can occur if the person did not understand what they were signing or was unaware of the terms - for example, due to illness, sensory impairment or misunderstanding.
3. Undue Influence
A will can be contested if someone exerted undue influence or coercion over the testator, causing them to dispose of assets in a way that was not truly their own decision. The court looks for evidence that a person in a position of power over the testator used that position to overpower their free will. Persuasion alone is not sufficient - there must be coercion or undue pressure.
4. Forgery and Fraud
If parts or all of the will were forged or if the document was tampered with, the court can rule the will invalid. This includes situations where a signature is forged or the contents are misrepresented to the testator. Expert handwriting analysis and forensic evidence are typically used to support claims of fraud or forgery.
5. Improper Execution
The Wills Act 1837 sets out formal requirements for executing a valid will: it must be in writing, signed by the testator (or by someone in their presence and by their direction), and witnessed by two independent adults present together who also sign the document. A failure to comply with these formalities can render a will invalid.
6. Other Challenges
There are related legal claims such as rectification (seeking correction of clerical errors) and construction claims (seeking interpretation of ambiguous clauses). These do not directly declare a will invalid but may modify or clarify its effect.
The Review Process in Court
Filing Proceedings
A contested will challenge is commenced by issuing a claim form in the civil courts, generally the High Court or County Court depending on complexity and the estate's value. The claimant must set out the nature of the dispute and the grounds for contesting the will.
Evidence and Disclosure
Both parties provide evidence through written statements, witness statements, expert reports (such as medical or handwriting experts), and documentary evidence (such as medical records, solicitor notes and the original will file). Courts may order disclosure of relevant documents, including a Larke v Nugus request for solicitor files where they exist.
Interim Measures
Courts may grant interim orders such as extending caveats (which stop probate being granted) if there are urgent reasons to preserve the estate's assets while proceedings are ongoing.
Trial and Judgment
At trial, the judge examines the evidence on each ground raised. If the contested grounds are established on the balance of probabilities, the court may declare the will (or parts of it) invalid. This could result in an earlier valid will taking effect or, if none exists, the estate being distributed under the intestacy rules.
Time Limits and Related Claims
There is no strict statutory deadline for contesting the validity of a will. However, in practice, claims are usually made within six months of a grant of probate, after which the estate may have been substantially administered, making challenges more complex. Allowing undue delay can prejudice a claim and affect remedies.
Separately, claimants may bring claims under the Inheritance (Provision for Family and Dependants) Act 1975 within six months of grant if they seek financial provision rather than outright invalidation of the will. Such claims focus on inadequate maintenance rather than legal validity.
Practical Considerations
Evidence Quality
Strong and contemporaneous evidence is key. Medical records, witness testimony, and solicitor files help courts assess capacity and knowledge. Handwriting experts often play a crucial role in forgery allegations.
Costs and Complexity
Contested will litigation is often costly and complex. Many disputes settle through negotiation, mediation or alternative dispute resolution without proceeding to a full trial.
Risk and Emotional Impact
These disputes can be emotionally taxing and may strain family relationships. Parties should weigh the potential legal and financial outcomes carefully.
Key Takeaways
When a will is contested in England and Wales, courts conduct a structured review of evidence to determine whether the will meets legal standards. Key grounds for challenge include lack of testamentary capacity, lack of knowledge and approval, undue influence, forgery, and improper execution. Claimants bear the burden of proving their case on the balance of probabilities, and evidence is central to the court's assessment. Procedural steps include issuing a claim, exchanging evidence, and, if necessary, trial. Contesting a will can be complex, expensive and emotionally challenging, but understanding how courts approach these cases helps parties make informed decisions about their legal options.
