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Can you challenge a Will? Key grounds and time limits explained
March 24, 2026
By Lloyd Pike
Being left out of a Will, or receiving less than you expected, can be both distressing and confusing. If what you anticipated inheriting has gone to someone else, you may have grounds to challenge the validity of the Will or the way the estate is being distributed.
At Darwin Gray, our specialist probate dispute solicitors are experts in bringing and defending claims made against a Will or an Estate. Our expert, Lloyd, has compiled the following guide, outlining the most common grounds for challenging a Will, along with key considerations and time limits that everyone should be aware of.
There are a number of reasons why a dispute may arise relating to a Will and/or Estate. Some of the most common reasons include:
1) The Will was not executed properly
Wills must follow strict signing and witnessing rules. If these rules were not followed, the Will may be invalid. Under the Wills Act 1837 there are strict rules about Wills being properly signed with two witnesses present, and it is not uncommon for mistakes to be made in this process, resulting in it not being properly executed.
Where a Will does not meet the formalities of the Act, it may be possible for anyone who loses out due to the Will being invalid to bring a claim against the firm which drafted the Will for professional negligence.
2) The Will was altered or forged
Only the person making the Will can sign it, and so if it looks like someone else made or changed the Will, there may be grounds to challenge it. A person must make and sign their own Will.
Once a Will has been executed there are strict formalities in place to change it. A challenge can be brought if it appears someone has made a Will claiming to be someone else or amendments have been made without following the proper formalities.
3) The person making the Will was pressured into doing so
If someone pressured the person making the Will to include gifts they would not have chosen, the Will can be challenged.
Where there is evidence that someone has put pressure on the person writing the Will to give gifts they would not have given otherwise, it may be possible to challenge the Will for undue influence or duress, but the challenger must prove actual undue influence or duress, which can be difficult if it occurred in private; for this reason, such claims are commonly combined with other grounds.
4) The person lacked mental capacity
The person making the Will must have had “testamentary capacity” when the Will was made. The rules are governed by the test established in Banks v Goodfellow (1870) and include that the individual must:
Each of these requirements must all be met in order for the individual to have had the necessary testamentary capacity at the time the Will was made. If they did not have the required mental capacity at the time, the Will is invalid. Medical records and expert evidence are important and usually needed to assess this.
5) There is a later Will or there was a marriage or civil partnership after the Will
A newer Will, or a marriage or civil partnership after the Will was made, can revoke the earlier Will. Clear evidence of this usually makes the challenge straightforward.
The Will under challenge will be revoked if the testator has married or entered a civil partnership since it was made, if they executed a more recent Will, or if they took other steps to revoke the Will, and such challenges are usually straightforward with clear evidence.
6) Failure to provide for dependants
Certain people connected to the person who has died can claim financial provision if the Will does not meet their needs, such as spouses, civil partners, children, and those financially maintained by the deceased. This is often called a 1975 Act claim. It is possible for these specified categories of people to claim reasonable financial provision under the 1975 Act, which can in some cases result in an award of the entire estate.
7) Proprietary Estoppel
In certain circumstances, the Court is able to intervene if a testator promised to make a gift to someone but did not include that promise in their Will. This is known as proprietary estoppel.
Time limits vary depending on the type of claim being brought, and it is important to seek legal advice promptly to avoid missing key deadlines. There is no limit for contesting a Will on the grounds of:
However, in the case of claims for lack of adequate financial provision, there is a six-month time limit from the grant of probate. There is also a six-month time limit for Will rectification and construction.
If you think that you may have grounds for contesting the Will, you should gather all evidence – including copies of the Will and any relevant medical records or correspondence before seeking legal advice at the earliest opportunity.
As with any legal matter, contesting a Will can often be complex and stressful so it helps to have legal advisors at your side from the outset.
If you think that you may have a potential claim against a Will, our specialist solicitors have a wealth of experience in supporting individuals through Will disputes.
For a free, no-obligation consultation, please contact us on 02920 829 100, or via our Contact Us form.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
