Finding out you’ve been cut out of a will can feel like a punch in the gut.
While the pain of losing a loved one isn’t dulled by what you receive after they’re gone, if you think you stand to inherit money, property, or even sentimental items and find out it’s not happening, it can be a real shock — not to mention incredibly unfair. Whether it was unexpected or you suspected something was off, contesting a will isn’t always straightforward—but it is possible. Here’s what you need to know if you’re thinking about challenging one.
1. Check if you have legal grounds to contest it.
Not everyone can contest a will just because they’re unhappy with the outcome. In the UK, you typically need to be a direct family member, a financial dependant, or someone who was promised an inheritance. There also needs to be a legal reason to challenge it, such as undue influence, lack of capacity, or fraud. Before you get too deep into the process, it’s worth figuring out if you actually have a case. Being left out unfairly isn’t enough on its own; you’ll need to prove that something went wrong when the will was made. Speaking to a solicitor early on can help you understand where you stand.
2. Act fast before time runs out.
Contesting a will isn’t something you can put off for years. There are strict time limits depending on the type of claim. If you’re bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you usually have just six months from the grant of probate to act. Other types of claims, like fraud, might not have a set deadline, but leaving it too long can make things much harder. The sooner you start gathering evidence and seeking legal advice, the better your chances of a successful challenge.
3. Get a copy of the will.
You can’t contest a will unless you actually know what it says. Once probate has been granted, you can request a copy of the will from the Probate Registry. If probate hasn’t been granted yet, you may need to ask the executor or apply for a standing search to be notified when it becomes public. Seeing the full will helps you understand exactly where you stand. It might confirm that you’ve been left out, or you could discover unexpected changes that raise suspicion. Either way, having the document in front of you is the first step in deciding what to do next.
4. Look for suspicious changes or inconsistencies.
If the will was changed shortly before the person passed away or if it’s drastically different from previous versions, that could be a red flag. Sudden changes that benefit one person significantly more than others might suggest undue influence or manipulation. Other inconsistencies, such as a signature that doesn’t look right or key legal formalities being missed, could indicate that the will isn’t valid. If anything seems off, it’s worth investigating further with legal help to see if there’s a case to challenge it.
5. Consider a claim for reasonable financial provision.
Even if the will is legally valid, you might still have a claim if you were financially dependent on the deceased. Under the Inheritance Act, spouses, children, and certain other dependants can argue that they should have received “reasonable financial provision.” This doesn’t necessarily mean you’ll get a full inheritance, but you could receive enough to cover your needs. Courts will look at factors like your financial situation, your relationship with the deceased, and any promises made to you before they passed away.
6. Check if the person lacked mental capacity.
A will can be challenged if the person who made it didn’t have the mental capacity to fully understand what they were doing. This is particularly relevant if they had dementia or another condition affecting their decision-making at the time. To prove this, you may need medical records, witness statements, or expert opinions showing that they weren’t in a fit state to make major legal decisions. If successful, the will could be ruled invalid, and an earlier version might apply instead.
7. Investigate potential undue influence.
Was the deceased pressured into changing their will? Undue influence can happen when someone vulnerable is manipulated into making decisions they wouldn’t have made otherwise. This could be through emotional pressure, threats, or even financial control. Proving this can be tricky, as there’s rarely direct evidence. However, if someone isolated the deceased, controlled their access to information, or benefitted unusually from last-minute changes, it might point to foul play. Legal experts can help gather evidence to support your case.
8. Check if the will was properly signed and witnessed.
For a will to be valid in the UK, it must be signed by the person making it and witnessed by two independent people who are not beneficiaries. If these legal formalities weren’t followed, the will could be challenged. Common mistakes include missing signatures, incorrect witnesses, or beneficiaries acting as witnesses (which could invalidate their inheritance). Checking these details with a solicitor can reveal whether the will holds up legally or if there’s a reason to dispute it.
9. Gather evidence to support your case.
Contesting a will isn’t just about what you suspect—it’s about what you can prove. To build a strong case, you’ll need solid evidence, whether that’s medical records, witness statements, financial documents, or previous versions of the will. If you suspect fraud or undue influence, things like emails, text messages, and letters can help paint a picture of what was happening behind the scenes. The more evidence you have, the stronger your position will be when making a claim.
10. Try to resolve things through mediation.
Source: Pexels Taking a case to court can be expensive and stressful, so mediation is often the first step. This involves negotiating with the other parties involved to try and reach a fair settlement without going to trial. Many inheritance disputes are resolved this way. Mediation gives everyone a chance to present their side and come to an agreement without the risk of losing everything in court. If an acceptable solution can be found, it can save time, money, and emotional strain for everyone involved.
11. Be prepared for a legal battle if needed.
Source: Unsplash If mediation doesn’t work or if the other side refuses to negotiate, taking legal action might be the only option. This means filing a claim in court, which can be a long and expensive process, but sometimes necessary to get a fair outcome. Challenging a will in court involves legal fees, potential counterclaims, and a lot of back and forth. Before going down this route, make sure you have a strong case and are ready for what could be a lengthy process. A solicitor can help you weigh up your chances of success.
12. Get expert legal advice from the start.
Inheritance disputes can be complicated, and getting professional legal advice early on is one of the best things you can do. A solicitor who specialises in contested wills can help you understand your rights, gather evidence, and navigate the legal system. Even if you’re not sure whether you have a case, speaking to an expert can give you clarity on your options. They’ll help you decide the best course of action, whether that’s making a formal claim, negotiating a settlement, or challenging the will in court.
