Contesting a will in England and Wales

By SwiftWillUpdated 24 September 2026England and Wales

Quick answer

You can contest a will if it was not signed and witnessed properly, if the person lacked capacity or did not know and approve its contents, or if it was obtained by undue influence, fraud or forgery. Separately, a spouse, cohabitant, child or dependant can ask the court for reasonable financial provision under the Inheritance Act 1975, normally within six months of the grant. A £4 caveat pauses the grant while you take advice, and the losing side usually pays the costs.

Who can contest a will?

In practice, the people who contest a will are those who would receive more if it failed or were changed. There are two different routes, and they have different rules.

A challenge to validity says the document is not a valid will at all. It is usually brought by someone who would inherit under an earlier will or under the intestacy rules if the will fell away. GOV.UK describes this as having a “contrary interest” when it explains how to respond to a warning against a caveat.
A claim for financial provision accepts the will is valid but says it does not make reasonable financial provision for the claimant. Only a spouse or civil partner, some former spouses, a cohabitant of at least two years, a child, someone treated as a child of the family, or someone the deceased was maintaining can bring it. Our guide to Inheritance Act claims covers this in detail.

Being left out, or left less than you expected, is not on its own a reason to set a will aside. In Hughes v Pritchard [2022] EWCA Civ 386 (paragraph 108), the Court of Appeal said that a testator who passes the capacity test may leave their estate as they think fit, however unkind or unfair that may seem, and does not have to give reasons. England and Wales has no forced shares for children; see can I disinherit someone?

What are the grounds for contesting a will?

The main grounds appear in the court rules for probate claims: Civil Procedure Rules 57.7(3) and (4) require anyone alleging want of knowledge and approval, invalid execution, lack of capacity, undue influence or fraud to give particulars of the facts relied on. Rectification and interpretation are not challenges to validity, but they are the other ways a court can change how a will operates.

Grounds for challenging or correcting a will in England and Wales, with the rule that applies
Ground	What it means	Key rule or authority
Not validly executed	The will was not in writing, not signed by the testator (or by someone at their direction in their presence), or not signed or acknowledged in front of two witnesses present at the same time, each of whom then signed in the testator’s presence.	Wills Act 1837, section 9. Video witnessing counted only for wills made from 31 January 2020 to 31 January 2024.
Lack of testamentary capacity	The testator could not understand what making a will does, the extent of their property, or the claims of people they ought to consider, or a disorder of the mind distorted their decisions.	The test in Banks v Goodfellow (1870) LR 5 QB 549, quoted in full in Hughes v Pritchard at paragraph 62.
Want of knowledge and approval	The testator did not know and approve what the will said, so it does not represent their intentions.	Gill v Woodall [2010] EWCA Civ 1430, paragraph 14.
Undue influence	The testator was coerced into making the will. Persuasion and appeals to affection or family ties are legitimate; the pressure must overpower the testator’s own wishes.	Rea v Rea [2024] EWCA Civ 169, paragraphs 20, 21 and 25.
Fraud	The will was procured by deception, including “fraudulent calumny”: poisoning the testator’s mind against someone with statements the speaker knew were false or did not care whether were true.	Described in the trial judgment quoted in Rea v Rea at paragraph 33.
Forgery	The signature is not the testator’s, so the document was never signed as section 9 requires.	Wills Act 1837, section 9, which requires the testator’s own signature or one made at their direction and in their presence.
Revoked or replaced	A later will or codicil revoked it, or the testator destroyed it intending to revoke it.	Wills Act 1837, section 20.
Rectification	The will fails to carry out the testator’s intentions because of a clerical error or a failure to understand their instructions.	Administration of Justice Act 1982, section 20.
Interpretation	Part of the will is meaningless or ambiguous, so the court may admit outside evidence, including the testator’s intentions, to interpret it.	Administration of Justice Act 1982, section 21.

Capacity. Where a will has been properly signed and looks rational, the court presumes capacity. The person objecting must raise a real doubt, and the burden then moves back to the person relying on the will to prove capacity (Hughes v Pritchard, paragraph 64).

Undue influence. The person alleging it has to prove it on the balance of probabilities, and in Rea v Rea (paragraph 27) the Court of Appeal said it will commonly be appropriate to treat undue influence as inherently improbable. An opportunity to influence, or a forceful personality, is not proof (paragraphs 31 and 46). In that case the Court of Appeal overturned a finding of undue influence and admitted the will to probate.

Witnesses who benefit. If a beneficiary, or the spouse or civil partner of a beneficiary, witnesses the will, the will itself stays valid but their gift fails under section 15 of the Wills Act 1837. See can a beneficiary witness a will?

What is the time limit for contesting a will?

The time limit depends on the type of claim. The six-month limits below run from the date the first full grant of probate or letters of administration is issued, not from the date of death.

Time limits for will disputes in England and Wales, checked 24 September 2026
Step or claim	Time limit	Source
Caveat (stops a grant)	Must be entered before the grant. Lasts six months; can be extended for six months at a time, applying in the last month.	GOV.UK: stopping a probate application; Non-Contentious Probate Rules 1987, rule 44
Inheritance Act 1975 claim	Six months from the grant. Can be made before the grant. Later only with the court’s permission.	Inheritance (Provision for Family and Dependants) Act 1975, section 4
Rectification	Six months from the grant; later only with the court’s permission.	Administration of Justice Act 1982, section 20(2)
Validity (execution, capacity, knowledge and approval, undue influence, fraud)	Not subject to the six-month limits above. A probate claim can ask the court to revoke a grant already made.	CPR 57.1(2)

Do not treat the absence of a fixed deadline for validity challenges as time to spare. Executors who distribute the estate more than six months after the grant are protected from personal liability for later Inheritance Act and rectification claims (1975 Act, section 20; Administration of Justice Act 1982, section 20(3)), and money that has been spent is hard to recover. If you only want to know when a grant is issued, a standing search costs £4 and sends you a copy of the grant, and the will if there is one, if it is issued in the next six months.

How does entering a caveat work?

A caveat is a notice to the probate registry that stops any grant being issued while a dispute about the will or the right to apply is resolved. It does not decide the dispute. GOV.UK lists disputes about who can apply, whether a will exists and whether it is legal as examples of when a caveat is used.

Apply online or by post on form PA8A. You must be 18 or over, and you need the full name, date of death and last address of the person who died. The fee is £4 from 13 July 2026 (it was £3), set by the Court and Tribunal Fees (Miscellaneous Amendments) Order 2026.
The caveat stops probate applications one working day after the registry receives it. It will not stop a grant approved on the same day, so for urgent cases GOV.UK suggests booking an appointment at a probate registry.
If the applicant disagrees, they can “warn” the caveat. You then have 14 days, including weekends and bank holidays, to enter an “appearance” (if you have a contrary interest) or issue a “summons” (for example, if you think you are equally entitled to apply or the executor is unsuitable).
If you enter an appearance and the registrar accepts your reasons, the caveat becomes permanent and can only be removed by a court order. At that point the dispute usually needs a probate claim or a settlement.
You can extend a caveat for six months, for £4, only in the last month before it expires and only if you have not entered an appearance or issued a summons.

GOV.UK warns that entering a caveat can lead to legal action and legal costs, and suggests trying to reach agreement with the person applying for probate first. The full process is on GOV.UK: apply to enter a caveat.

How much does contesting a will cost, and who pays?

There is no fixed price, and the court decides who pays. Under CPR 44.2 the general rule is that the unsuccessful party pays the successful party’s costs, but the court can make a different order. It looks at conduct before and during the case, including whether it was reasonable to raise an allegation and whether a party unreasonably failed to engage in mediation or another form of alternative dispute resolution.

One protection is specific to will disputes. A defendant who raises no positive case, but insists that the will is proved “in solemn form” and cross-examines the witnesses, will not be ordered to pay costs unless the court considers there was no reasonable ground for opposing the will (CPR 57.7(5)). Before you start, ask any solicitor for a written costs estimate and to explain how the claim would be funded. GOV.UK lists ways to find legal advice.

Can a will dispute be settled by mediation?

Yes, and courts expect parties to try. The court can order the parties to engage in alternative dispute resolution (CPR 3.1(2)(o)), and an unreasonable refusal can count against a party on costs. In Cowan v Foreman [2019] EWCA Civ 1336, the Court of Appeal said negotiation rather than issuing proceedings should be encouraged, but also that the power to extend the six-month Inheritance Act limit belongs to the court: an agreement between the parties not to take a point about delay cannot bind it. If talks are running close to the deadline, a solicitor may issue the claim to protect the position.

An agreed settlement can be recorded in a court order or, where the beneficiaries agree to give up part of what they inherit, a deed of variation. Both can be treated for inheritance tax as if the person who died had made the change, under sections 146 and 142 of the Inheritance Tax Act 1984.

How can you make your own will harder to challenge?

Validity challenges attack how the will was made, so the best protection is a careful, well-recorded process.

Sign it correctly. Two independent adult witnesses, both present when you sign, then each signing in your presence. Neither should be a beneficiary or the spouse or civil partner of one. Follow how to sign a will and who can witness a will.
Give your own instructions. Decide and give instructions yourself, without a beneficiary arranging the appointment or sitting in. Keep your notes. Claims of undue influence and want of knowledge and approval focus on how the will came about.
Record your reasons. If you leave out someone who might claim, write a calm, factual explanation in a letter of wishes. It is not binding and it cannot stop a claim, but the Supreme Court treats a testator’s wishes as part of the circumstances the court weighs (Ilott v The Blue Cross [2017] UKSC 17, paragraph 47).
Evidence capacity if there is any doubt. The “golden rule” is that the will of an elderly or seriously ill person should be witnessed and approved by a medical practitioner who satisfies themselves of the person’s capacity and records the findings. It is good practice for solicitors, not a rule of law, and it does not make a will unchallengeable (Hughes v Pritchard, paragraphs 84 and 85), but it gives the court evidence recorded at the time.
Keep it current and findable. Review the will after marriage, divorce, children or a move, and tell your executors where the original is. See where to store a will and changing your will.

An automated will is not the right tool if capacity could be questioned, if you plan to exclude a spouse, child or anyone who depends on you, or if you already expect a dispute. SwiftWill’s own screening sends those cases to a solicitor, because the solicitor’s file of evidence is what protects the will later. See do I need a solicitor for a will? If none of those apply, you can make a straightforward will online and sign it the way this page describes.

Is the law on challenging wills changing?

Not yet. The Law Commission’s final report, Modernising Wills Law, published on 16 May 2025, recommends that courts should be able to infer undue influence where the evidence gives reasonable grounds to suspect it, that a single capacity test from the Mental Capacity Act 2005 should apply, and that courts should have power to recognise a will that does not meet the formalities. These are recommendations for the government to consider, not law. Follow progress on our Wills Bill tracker. Scotland and Northern Ireland have different rules; see wills in Scotland.

Sources

Sources checked 24 September 2026.

Which related guide should you read next?

Do I need a solicitor to make a will? — Not for a simple estate. When a solicitor is worth it: trusts, tax, business or foreign assets, blended families, leaving out a dependant or capacity doubts.
How to make a will in the UK — Make a will in England and Wales step by step: what to gather, DIY, online or solicitor routes, and how to sign, witness and store it so it is valid.
How to sign and witness a will — The legal steps to sign a will in England and Wales: two witnesses present together, who can witness, dating, attestation and the mistakes that make gifts fail.
How much does a will cost in the UK? — Published will prices from free to advice-led services, what printing, storage and updates add, and why solicitors’ will fees are quoted individually.

Frequently asked questions

Can I contest a will just because it is unfair?

No. Unfairness on its own is not a ground: the Court of Appeal has confirmed that a testator with capacity may leave their estate as they wish, however unkind that seems. A spouse, cohabitant, child or dependant may instead ask the court for reasonable financial provision under the Inheritance Act 1975.

How long do I have to contest a will in England and Wales?

An Inheritance Act claim and a rectification claim must normally be made within six months of the grant of probate, and later only with the court’s permission. Challenges to validity, such as lack of capacity or undue influence, are not tied to that six-month period, but acting before the grant is issued, for example by entering a caveat, is far simpler.

How much does it cost to enter a caveat?

The court fee is £4 from 13 July 2026, and a caveat lasts six months. You can extend it for another six months, for another £4, during the last month before it expires. Entering a caveat can lead to legal action and legal costs, so GOV.UK advises trying to reach agreement first.

Who pays the legal costs if I contest a will?

The court decides. The general rule in civil claims is that the losing party pays the winner’s costs, and the court also looks at conduct, including an unreasonable refusal to try mediation or another form of dispute resolution. Get a written costs estimate before you start.

Can a will be challenged after probate has been granted?

Yes. A probate claim can ask the court to revoke a grant or to pronounce against the will. Inheritance Act and rectification claims run for six months from the grant, and executors who distribute after that period are protected from personal liability for later claims, so delay makes recovery harder.

How can I make my own will harder to challenge?

Sign it with two independent adult witnesses present together, give your own instructions without a beneficiary in the room, and write down your reasons if you leave someone out. If you are elderly or seriously ill, follow the golden rule: have a medical practitioner assess and record your capacity. Excluding a dependant needs a solicitor.

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