Can you contest a Will?

Last verified: September 2026 (England and Wales) 

Yes, there may be grounds to challenge a Will or seek a different financial outcome after someone dies. The first step is to understand what has gone wrong: whether the Will is valid, whether it makes reasonable financial provision, or whether a property promise or ownership share has been overlooked. Being left out or receiving less than expected does not automatically establish a claim, but specialist advice can help you understand your position. 

If you have received a legal letter, face a deadline or know the estate is about to be distributed, contact Fern promptly for a specialist introduction. Make the urgency clear when you get in touch. 

A specialist will first identify what needs checking and what evidence supports the concern.

Why inheritance concerns arise

 Family life and financial arrangements can change faster than a Will. Concerns may arise where an unmarried partner depended on the person who died, a blended family has competing needs, gifts are unexpectedly unequal, or someone has been excluded without an explanation. A late change to a Will may also prompt questions about understanding or pressure. These circumstances explain why advice may help; they are not proof that a Will is invalid. 

Was the Will validly made?

 A validity challenge asks whether the document should operate as the person’s Will. The main concerns include: 

• Mental capacity. Did the person have the understanding required to make this Will at the relevant time?
• Knowledge and approval. Did they know and approve what the Will said?
• Undue influence. Was their decision overborne by coercion? Persuasion, family closeness or helping with care is not, on its own, enough.
• Fraud or forgery. Is there evidence of deception affecting the Will, or that a signature or document is not genuine?
• Signing and witnessing. Were the legal requirements for making the Will met?

 A surprising result is a reason to ask questions, not a substitute for evidence. The Will, earlier versions, the circumstances in which it was prepared and relevant records may all matter. A specialist can advise what should be obtained and how. 

Was reasonable financial provision made?

 A Will can be valid but still leave an eligible person without reasonable financial provision. The Inheritance (Provision for Family and Dependants) Act 1975 can apply where the person who died was domiciled in England and Wales. Domicile is a legal connection and may need advice, especially where more than one country is involved. 

Potential applicants include a spouse or civil partner, certain former spouses or civil partners, children including adult children, people treated as a child of the family in a parental relationship, and people maintained by the deceased immediately before death. A cohabiting partner may qualify if they lived in the same household as a married couple or civil partners throughout the two years immediately before the death. 

Being in an eligible group does not guarantee an award. The court considers matters such as financial needs and resources, the deceased’s responsibilities, the estate and other beneficiaries. For most applicants, the provision is assessed by reference to maintenance; the standard for a surviving spouse or civil partner is generally broader. It is not a rule that children must inherit equally. 

Was property promised or already partly yours?

 A promise about a home or land, relied on to your detriment, may raise a separate claim known as proprietary estoppel. A promise alone does not guarantee an inheritance. A dispute about an existing beneficial ownership share asks a different question: what property actually belongs to the estate? 

Explain the promise, any steps you took because of it and any ownership arrangements when seeking advice. Can a promise affect a Will? explores that issue in more detail. 

How long do you have to act?

 A claim under the 1975 Act normally needs to be issued within six months of the first grant of representation, such as probate or letters of administration. The clock runs from the grant, not the death. A late claim requires the court’s permission; do not assume permission will be given.

Other types of claim have different time rules. Do not assume there is no urgency because you are questioning validity or property ownership. Distribution of the estate can make matters harder. Completing a checker, sending an enquiry or discussing a dispute does not itself stop a deadline.

Specialist help through Fern

 Inheritance disputes are a specialist area of law, so choosing the right expertise matters. At Fern Wills & LPAs, we have chosen IDR Law, a firm specialising in inheritance disputes, as our trusted referral partner. We want clients to receive clear, independent advice and understand their options before deciding whether to take a case further. 

Through our arrangement with IDR Law, you can use their free claim checker. It provides an initial report from the information you give, followed by contact from their triage team. The checker and initial discussions are free and without obligation. Where your case proceeds to their legal team, the initial discussion is also free, helping you understand the strengths, risks and possible next steps before deciding whether to instruct them. 

This gives you an informed starting point. The assessment depends on the facts and evidence; it cannot promise an outcome or protect a deadline. 

Have a brief explanation of your concern, your relationship to the person who died, any Will or grant details you already hold, and any legal letter or deadline available. You do not need to assemble a complete case before asking for help. 

You can use the free claim checker through Fern. You do not need to know which type of claim applies before asking. If you decide to proceed, IDR Law will agree the work and fees directly with you.

Can I seek financial provision if there is no Will?

 Possibly. The 1975 Act can apply to the outcome under the intestacy rules as well as a Will. Eligibility, the financial circumstances and the time limit still need to be checked. 

Will a dispute always go to court?

 Some disputes can be resolved through negotiation or mediation; others need court proceedings. Ask the specialist about options, funding and the risk of paying another party’s costs. Do not assume the estate will pay all legal costs. 

Does the checker stop probate or protect my position?

 No. A specialist can advise whether protective action is needed. A caveat has a specific role in preventing a grant and can involve costs; it is not the automatic answer to every inheritance dispute. 

What if I am responding to a sibling’s challenge?

 Read What happens when a sibling contests a parent’s Will? for that perspective. If you have received a formal claim or a deadline, obtain direct specialist advice promptly rather than relying on a claimant checker. 

What if my concern is about an executor’s conduct?

 Delays, unexplained accounts or missing assets do not automatically mean the Will should be challenged. Contact Fern for an appropriate specialist introduction and explain what has happened. 

Our arrangement with IDR Law

 If you go on to instruct IDR Law through our introduction, Fern Wills & LPAs receives a referral commission of 10% of the fees received by IDR Law during your case. This does not increase the fees you pay. IDR Law will explain the referral arrangement as part of taking on your case. 

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.

If you are worried about a Will or your inheritance, use the free claim checker through Fern. 

You remain free to choose your own adviser. This article provides general information for England and Wales, not advice on your individual circumstances.