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.
Detailed guide to the legal grounds for contesting a will in England and Wales, including testamentary capacity, undue influence, lack of execution, fraud, rectification and Inheritance Act claims, with practical context for claimants and solicitors.
When someone dies leaving a will, disputes can arise over whether the document genuinely reflects their intentions or has been executed correctly. In England and Wales, the law allows certain people to contest a will, but only on specific legal grounds. These grounds are distinct from simply disagreeing with how the estate is shared and focus on defects in the way the will was made or whether it provides reasonable financial support to certain individuals. This article explains the main grounds for contesting a will, how each ground works, and what it means in practice. Understanding these issues helps claimants, executors, solicitors and students make informed decisions in contested probate cases.
Testamentary Freedom and Contesting a Will
English law generally respects a person's right to leave their estate to whom they choose, a principle called testamentary freedom. However, this freedom is not absolute. There are situations in which a will can be set aside or overridden because it is legally defective or because it fails to make reasonable financial provision for people the law protects. Grounds for contesting a will fall into two broad categories: challenges to validity and claims for financial provision.
Challenges to the Validity of a Will
Valid will creation requires compliance with legal rules and genuine free choice by the person making it (the testator). If these requirements are not met, a will can be contested on the following grounds:
Lack of Testamentary Capacity
A will must be made by someone with the mental ability to understand what they are doing. The test for capacity, based on case law such as Banks v Goodfellow (1870), requires that the testator:
- Understands the nature of making a will;
- Appreciates the extent of their property;
- Recognises the claims to which they ought to give effect.
If the deceased lacked this understanding at the time the will was made, a challenge for lack of testamentary capacity may succeed. Evidence often includes medical records or expert testimony.
Lack of Knowledge and Approval
Even if a testator had capacity, they must know and approve the contents of the will they sign. Knowledge and approval may be absent if the testator did not understand what the document said, was unable to read it, or was misled about its terms. Circumstances that raise suspicion include significant changes from previous wills or involvement of a beneficiary in drafting the document.
Undue Influence or Duress
A will must reflect the genuine wishes of the testator free from coercion. Undue influence occurs when someone pressures or manipulates the testator so that their true intentions are overridden. Pressure may be subtle (emotional manipulation) or overt (threats), but the key point is that the testator's decision was not freely made. This ground is often difficult to prove and requires strong evidence.
Lack of Valid Execution
Under Section 9 of the Wills Act 1837, strict formalities must be followed for a will to be valid:
- It must be in writing;
- It must be signed by the testator, or by someone else in their presence at their direction;
- Two independent witnesses must sign in the presence of the testator.
If these requirements are not met, the will may be invalid and therefore contestable.
Fraud or Forgery
A will can be contested if it is fraudulent or forged. Forgery includes falsified signatures or alterations made without the testator's knowledge or consent. Fraud may also involve deception about the contents or circumstances of execution. Allegations of fraud or forgery require clear and convincing evidence, often including expert analysis of handwriting or documents.
Rectification and Construction Claims
Even where a will is valid in form, errors can occur in drafting or interpretation. A claim for rectification seeks to correct clerical or drafting mistakes so the will reflects the testator's true intentions. Relatedly, a construction claim asks the court to interpret ambiguous wording. These are technical grounds that involve court discretion and, for rectification, strict time limits.
Claims for Financial Provision
Separate from validity challenges, a will may be contested because it fails to make reasonable financial provision for certain individuals who were dependent on the deceased. This type of claim is brought under the Inheritance (Provision for Family and Dependants) Act 1975 and does not require the will itself to be invalid.
Inheritance Act 1975 Claims
Under the 1975 Act, specific classes of people can apply to the court for financial provision from the estate if the will (or intestacy distribution) leaves them without adequate support. Eligible claimants include:
- Spouses and civil partners (including former spouses or civil partners who have not remarried);
- Children of the deceased, including those treated as a child of the family;
- Individuals who lived with the deceased as a partner for at least two years;
- Persons financially dependent on the deceased.
The court considers the claimant's needs, the size of the estate, the claimant's own resources, and any obligations and responsibilities the deceased may have had towards the claimant. If successful, the court can order a financial award from the estate that varies or overrides the existing will.
Practical Considerations
Challenging a will on any of these grounds involves gathering evidence, issuing court proceedings, and meeting strict procedural requirements and time limits (particularly for Inheritance Act claims). These disputes can be costly and may strain personal relationships, so early legal advice is essential. Evidence such as medical records, witness statements, and professional assessments often plays a key role in contested probate cases.
Common Questions About Grounds for Contesting a Will
Is disagreement about fairness enough?
No. Mere dissatisfaction with the terms of a will is not a valid legal ground. Contestants must show one of the recognised legal defects or, for financial provision claims, that the will fails to meet statutory requirements.
Can a will be contested if it was drafted professionally?
Yes. Even professionally drafted wills can be contested on grounds such as capacity, undue influence, fraud, or failure to follow formalities.
How is undue influence proven?
Proof requires clear evidence that the testator's free will was overborne by pressure or coercion, not merely that they benefitted someone who influenced them.
Key Takeaways
Contesting a will in England and Wales requires specific legal grounds. These include challenges to validity - such as lack of capacity, lack of knowledge and approval, undue influence, improper execution, fraud or forgery - and claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. Each ground has distinct legal principles and evidential requirements. Understanding these grounds is essential for anyone considering a contested probate claim, as is early engagement with experienced legal advisers to assess the strength of potential arguments.
