Can You Contest a Will? Grounds, Time Limits and the Free First Step

Are you dealing with a Will or inheritance claim?

If you are wondering whether you can contest a Will, challenge a Will, or deal with an inheritance dispute, the first step is to find out whether there may be a real legal claim and what type of claim it might be.

Not every inheritance dispute is really a challenge to the Will itself. Some cases are about whether the Will is valid. Others are about whether the estate has failed to make reasonable financial provision. That is why it helps to separate a validity challenge from a financial-provision claim early on.

The important thing is to get an informed first view before the estate moves too far.

Prefer a quick first view? Start here: Free Claim Checker

Fern Wills & LPAs has partnered with inheritance dispute specialists IDR Law. Their free Claim Checker helps you explain what has happened and receive an early report on the possible strengths and weaknesses of your case.

A sensible first step, without pressure

Will disputes, inheritance disputes and probate disputes are often emotionally draining. They can also be legally complex.

The Claim Checker is not a commitment to start a case. It is a structured first step, so you can get your bearings before deciding whether specialist legal advice is needed and whether the matter is worth pursuing at all.

Why might someone question a Will?

Most disputes start with one of two broad concerns.

The first is concern that the Will itself may not be valid.

The second is different: the Will may be valid, but the estate may still have failed to make reasonable financial provision for someone eligible to claim.

Common examples include:

• concerns that the person making the Will did not have the required mental capacity at the time
• worries that they were pressured or unduly influenced
• suspicion that the Will was forged or altered
• concerns that the Will was not signed or witnessed properly
• a husband, wife, civil partner, child, dependant or other eligible person being left without reasonable financial provision. 

If you are not sure which route your concern falls into, that is exactly what the Claim Checker is there to help sort out early.

If your question is not about making a claim, but about how to make a Will that deliberately leaves someone out, see our guide to deliberate exclusions.

If the dispute is specifically between brothers or sisters after a parent’s death, you may also find our guide to what happens when a sibling contests a parent’s Will helpful.

Not every concern leads to a successful claim. Equally, not every valid claim is obvious straight away. That is why an informed first review matters.

Specialist support if the matter needs more than a quick answer

Where a matter needs more than an initial sense check, Fern Wills & LPAs can introduce you to IDR Law.

IDR Law is a specialist firm dealing exclusively with contentious wills, probate and trust disputes.

That does not mean every case should be pursued. It does mean that, where a dispute may be real, you can be introduced to a team that deals with this work every day and can tell you quickly whether it is worth taking further.

Who might need advice about a Will or inheritance claim?

Every case turns on its own facts, but people who often need advice in this area include:

• husbands, wives and civil partners
• former spouses or former civil partners in some cases
• children
• cohabiting partners in some cases
• people who were financially dependent on the person who died
• executors or beneficiaries concerned about the validity of a Will
• family members worried about suspicious circumstances

If you are unsure whether you fall into one of these categories, use the Claim Checker as a first screening step.

Why timing matters

Inheritance and estate disputes can be time-sensitive.

Different types of claim can involve different legal deadlines, and delay can make matters harder very quickly, especially once money or property has started to move or the estate has begun to be distributed.

If something does not feel right, get an early indication now rather than leaving it until later.

What happens after the Claim Checker

You complete the free online Claim Checker and provide some key details about the estate and your concerns.

You then receive an initial report on whether the matter may be worth exploring further. You can then decide whether to seek specialist advice.

There is no obligation to take matters further simply because you have used the checker.

A concern does not have to be fully formed before you ask about it. If something feels wrong, an early sense check is often the right place to start.

Is the Claim Checker free?

Yes. It is designed as a free first step to help you understand whether your concerns may be worth exploring further. Start here: Free Claim Checker

Will I get legal advice straight away?

The Claim Checker is not a substitute for full legal advice. It is an early screening step. If the matter appears to have substance and you want to take it further, specialist legal advice can then follow.

What if the Will seems valid but I have still been left out?

That may still be worth checking. Some disputes are not about invalidity at all, but about whether the estate has failed to make reasonable financial provision for someone eligible to claim.

What kinds of cases might be worth exploring further?

That depends on the facts, but common themes include lack of capacity, undue influence, suspicious circumstances, problems with signing and witnessing, fraud, and claims for reasonable financial provision.

What if I am not sure whether I have enough information yet?

That is common. Many people start with concerns rather than a complete set of facts. The purpose of the Claim Checker is to help identify whether those concerns may be worth exploring further.

How quickly should I act?

As soon as reasonably possible. Estate disputes can be time-sensitive, so an early indication is usually much better than waiting until the estate has moved on.

A brief note about our role

Fern Wills & LPAs does not run contested probate or inheritance dispute cases in-house. Where appropriate, we introduce inheritance dispute matters to IDR Law, a specialist firm dealing exclusively with contentious wills, probate and trusts work.

If you go on to instruct IDR Law, Fern Wills & LPAs may receive a fee share. This simply means we receive 10% of any fees received by IDR Law during your case. Your fees will not be any greater than if there were no such arrangement in place.

IDR Law is completely independent of Fern Wills & LPAs and will always act in your best interests. Our arrangement with IDR Law does not affect the advice they give you, which will always be impartial and confidential.

Information you provide to IDR Law will not be disclosed to Fern Wills & LPAs unless you consent.

The simplest first step is still the Free Claim Checker

This article is general information only, not individual advice.