Legal News | 20.08.25

Can I contest a Will?

There are many misconceptions around challenging Wills.  You cannot simply contest a Will because you are unhappy with its contents.  There are certain grounds for challenging the validity of a Will, and those include:

1. Whether the Will maker had sufficient capacity to make the Will – the Will maker must have understood they were creating a document that disposes of their property after their death.
2. Want of knowledge and approval – did the Will maker understand and approve the contents of the Will they were making?
3. Lack of due execution – was the Will signed and witnessed in accordance with legal requirements?
4. Undue influence – was the Will maker pressured or influenced by “another” to make the Will against their true wishes or free will?

If a Will is clearly valid because none of the above grounds to challenge apply, or if there is no Will at all, the Inheritance (Provision for Family and Dependants) Act 1975 provides a means by which claims for additional provision can be brought by certain categories of people connected to the deceased.

The Inheritance (Provision for Family and Dependants) Act 1975 (known as “IPFDA”)

The Legislation governing legal challenges to Wills is called The Inheritance (Provision for Family and Dependants) Act 1975 and is often referred to as IPFDA.  Under this Act, claimants must be able to prove that the provision (or lack of) provided to them by the deceased is not reasonable.

Who can make a claim under IPFDA?

In order to bring an IPFDA claim, the Claimant must be:

• A child of the deceased (biological or adopted)
• An adult child of the deceased
• A person who was treated as a child of the family by the deceased
• The spouse or civil partner of the deceased
• The former spouse or civil partner of the deceased (as long as that person has not remarried/entered into a civil partnership)
• The partner of the deceased – if living together as if spouse/civil partner for two years prior to death
• Any other person who was being either wholly or partly financially supported by the deceased immediately prior to their death.

Reasonable provision for a spouse / civil partner 

When considering what is a reasonable provision for a spouse/civil partner, the court will determine what the position between the couple would have been if the marriage/partnership had ended in divorce instead of death. The court will consider what would be a fair division of the assets accumulated by the couple during the marriage/partnership and the needs of the surviving spouse/civil partner compared to that of the remaining beneficiaries.

Reasonable provision for non-spouse / civil partner 

In circumstances where a claimant is not a spouse or civil partner of the deceased, the court will consider whether the claimant has an unmet financial need as a result of the deceased passing away and whether it would be reasonable to change the division of the estate away from the beneficiaries. For example, an adult child may have still been living with their parent, but upon the death of that parent, the future living accommodation of that adult child has not been provided for.  This is not the only example of circumstances a court would consider – the health of a claimant as well as the claimant’s income and capital can all be considered.

What if the deceased did not leave a Will?

If the deceased died without making a Will (known as Intestate) the Intestacy Rules will dictate how the deceased’s estate is distributed.  Intestacy Rules prioritise spouses and children, and whilst the Intestacy Rules cannot be challenged, it is still possible to make a claim from the estate, if the claimant meets the criteria to bring an IPFDA claim (see above).

How do I contest a Will and bring an IPFDA claim?

If you believe you have grounds to bring an IPFDA claim, it is important to seek legal advice as soon as possible.  Any claims against an estate must be brought within six months of a Grant of Probate or Letters of Administration being issued. There are certain circumstances where the Court will allow a claim to proceed out of time, an example being that you did not know a Grant of Probate had been issued – however it is imperative that you act promptly on the discovery of this information.   There are other factors which the Court may consider for out of time claims and if you believe you have grounds to bring a claim despite being out of time and we would urge you to seek legal advice as soon as possible.

Is it expensive to contest a Will and bring a claim? 

The costs of bringing a claim can seem daunting or may feel like a barrier to bringing a claim. At Wansbroughs, we will explore funding options at the very outset of your case.  These options may include legal expenses insurance on an existing policy, a Conditional Fee Agreement (otherwise known as “No Win, No Fee”) or a private fee-paying basis.

For further information, help or advice on Inheritance Act Claims, contentious probate or contesting a Will, please get in touch with our Dispute Resolution team: 01380 733300 | contentiousprobate@wansbroughs.com