Losing a loved one is difficult enough without discovering that their will does not reflect what you believed their wishes to be, or that something about how it was made seems wrong. Contesting a will is a formal legal step, and it is not one to take lightly — but in the right circumstances, it exists precisely to put right situations where a will does not represent a person’s true, freely made intentions.
Contesting a will generally means challenging its validity, or bringing a claim that relates to how an estate is being distributed. These are two different things, and the distinction matters. A challenge to validity argues that the document itself should not stand — for example, because the person did not have the mental capacity to understand what they were signing, because they were pressured or unduly influenced by someone else, because the will was not signed and witnessed correctly, or because there are genuine concerns about fraud or forgery. Separately, a person who was financially dependent on the deceased, or who reasonably expected to be provided for, may in some cases be able to bring a claim for reasonable financial provision even where a valid will exists but does not adequately provide for them.
When people typically instruct a solicitor
Most people come to this area of law at a point of genuine uncertainty: a will surfaces that looks nothing like earlier versions, a family member was suddenly cut out shortly before death, or the deceased was known to be vulnerable, unwell, or isolated by a particular individual in their final months. Others are close family members or dependants who were left out of a will altogether, or left significantly less than they would reasonably expect, and want to understand whether they have any options. In general, it is worth instructing a solicitor as early as possible once a concern arises, rather than waiting until after an estate has been distributed, since some claims become considerably harder — and in some cases impossible — to pursue once assets have already been passed on.
A solicitor experienced in this area will typically want to see the will itself, any earlier wills, evidence about the deceased’s health and circumstances at the time the will was made, and details of your relationship to them. From there, they can advise on whether there is a credible basis for a claim, what evidence would be needed, and what the realistic options are — which often include negotiation between the parties before anything reaches court.
What to expect from the process
In general, contested probate matters tend to move through several stages: an initial assessment of the merits, gathering evidence (which may include medical records or witness statements from the person who prepared the will), attempts to resolve the dispute directly or through mediation, and, only if necessary, formal court proceedings. Many disputes in this area are resolved without a final court hearing, since litigation over an estate can be lengthy, costly, and emotionally draining for everyone involved — so a solicitor will often explore settlement early on.
One point worth understanding from the outset: this area of law carries some genuinely strict time limits, and in certain types of claim those limits are measured in months rather than years from key events such as the grant of probate. Because the rules on timing can be quite specific and depend on the exact type of claim being brought, and because the position can also vary depending on where in the UK the estate is being administered, this is exactly the kind of detail that is worth checking with a solicitor promptly rather than assuming there is plenty of time. Acting quickly preserves options that might otherwise be lost.
Red flags worth knowing
Some signs that a will may be worth reviewing with a solicitor include: a late-in-life change that dramatically favours one person over others with no clear explanation, a will drafted without the involvement of a solicitor or professional will-writer, signs that the deceased was in poor physical or mental health when the will was made, or a will that was witnessed in unusual or informal circumstances. None of these things automatically mean a will is invalid, but together they are often enough to justify a proper review.
If you are unsure whether you have grounds to contest a will, or simply want to understand your position as a family member or dependant, the right first step is usually a conversation with a solicitor who handles contentious probate matters regularly. Request Legal Service can help match you with a solicitor suited to your situation — submit a short enquiry through the site and you will typically hear back promptly about your options.
This article is for general informational purposes only and is not legal advice. Laws vary across England & Wales, Scotland, and Northern Ireland, and can change over time — for guidance on your specific situation, speak with a qualified solicitor. Request Legal Service does not act as a law firm or provide legal representation.