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Can You Contest a Will? The Evidence You Need to Fight for Fairness

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To successfully contest a will in the UK, you need strong evidence supporting one of the legal grounds, such as lack of capacity, undue influence, or improper execution. Crucial evidence often includes medical records, solicitor file notes, and witness testimonies detailing the deceased’s state of mind or the circumstances surrounding the will’s creation. Gathering this evidence can be emotionally difficult, but it is the essential first step to seeking a fair resolution. We at Contest A Will Today are here to guide you through this complex process with care and expertise.

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When Grief Meets Injustice: Understanding the Challenge

Losing a loved one is devastating enough. Discovering that their Will seems unfair, unexpected, or completely unreflective of their true wishes can add a profound layer of hurt and confusion. You are not alone in feeling this way. Many families come to us wondering if they have a voice when a Will feels fundamentally wrong.

As compassionate experts, we want you to know that challenging a Will in the UK is about seeking fairness, not greed. However, to do this, you must have credible, concrete evidence to prove to the court that the Will is legally invalid.

DS Bal and Contest A Will Today are committed to helping families during these vulnerable moments, blending deep legal knowledge with genuine care.

The Four Key Legal Grounds (And the Evidence for Each)

Contesting a Will must be done on specific legal grounds. Your evidence needs to be directly relevant to the ground you are arguing.

1.Did They Understand? Lack of Testamentary Capacity

This ground argues that the deceased lacked the mental capacity to understand what they were doing when they signed the Will.

  • Medical Evidence: This is the most crucial type of evidence. You need medical records showing a diagnosis of dementia, severe illness, or mental impairment at the time the Will was made.
  • Solicitor’s File Notes (The Golden Rule): Solicitors who suspect a client may lack capacity should obtain a medical opinion—this is known as the “Golden Rule”. Their file notes showing they considered and documented the deceased’s mental state are vital.
  • Witness Testimony: Statements from family, friends, or carers detailing the deceased’s behaviour, memory lapses, and lack of understanding around the time the Will was signed.

2.Was it Their Wish? Undue Influence

This ground is notoriously difficult to prove and suggests that a third party coerced or pressured the deceased into making the Will against their true wishes.

  • Circumstantial Evidence: The court looks for evidence of control, isolation, and sudden changes. This might include emails, texts, or letters showing the deceased was being prevented from seeing other family members.
  • Testimony from Third Parties: Witnesses who can attest to the nature of the relationship, signs of pressure, or the vulnerability of the deceased.
  • Financial Records: Evidence of unexplained large transfers of money or changes in property ownership that coincide with the period of influence.

3.Was it Signed Correctly? Formal Validity

This means the Will was not signed, witnessed, or dated correctly according to the Wills Act 1837.

  • The Original Will Document: Examination of the document itself to see if signatures are missing, or if witnesses were also beneficiaries.
  • Witness Statements: Sworn evidence from the two witnesses confirming the signing procedure or, conversely, admitting that the legal formalities were not followed.

4.Inheritance (Provision for Family and Dependants) Act 1975 Claim

This doesn’t contest the Will’s validity but argues that the Will (or the rules of intestacy) do not make reasonable financial provision for you, as a spouse, child, or dependant.

  • Financial Documentation: Evidence of your current and future financial needs (bank statements, bills, income details).
  • Evidence of Dependency: Proof that the deceased was supporting you financially, or that you were dependant on them for housing or care.
  • Evidence of Relationship: Details of your relationship with the deceased and any moral obligations they had towards you.

What to Do in the First 14 Days

The first two weeks after discovering an unfair Will are crucial for preserving evidence and taking protective measures.

  • Do Not Dispose of Documents: Keep every scrap of relevant paper, including old Wills, letters from the deceased, and any correspondence with the solicitor.
  • Make Detailed Notes: Write down a detailed account of your relationship with the deceased, the events leading up to the Will signing, and any suspicious circumstances you noticed.
  • Start Gathering Medical Records: If you suspect lack of capacity, identify the deceased’s treating doctors and start the formal process of requesting their medical history.
  • Contact a Specialist: Speak to a contentious probate solicitor. They will assess your grounds and guide you on the specific evidence required for your unique situation.

A Quick Reality Check: What About the Cost?

It is natural to worry about the financial risk of challenging a Will. At Contest A Will Today, we remove this barrier to justice. We ensure that if your case has strong evidence and a high chance of success, funding options are available.

We specialize in secure funding arrangements, including No Win No Fee (Conditional Fee Agreements). This means we take on the financial risk, and you only pay our legal fees if we achieve a successful outcome for you. We also advise on After-the-Event (ATE) Insurance to protect you from the opponent’s legal costs if the claim is unsuccessful. Our priority is making justice accessible, not expensive.

Navigating the Emotional Toll of Family Disputes

While we focus on the law, we never ignore the human cost. Contesting a Will, particularly on grounds like Undue Influence, often involves family conflict. This is difficult and draining. Please know that choosing to fight for fairness is not selfish; it is an act of preserving the deceased’s true intentions. Our team provides not only expert legal guidance but also compassionate, strategic advice to help manage the emotional strain and pursue mediation wherever possible.

Next Steps: Fighting for What’s Right

You have reached a difficult crossroad, balancing grief with a fight for justice. Understanding the evidence is the first step to reclaiming control and moving forward.

If you feel unfairly treated and believe you have grounds to challenge a Will, don’t face this battle alone. Contest A Will Today and DS Bal specialise in navigating these complex, emotional disputes with the professional expertise and genuine empathy you deserve.

Contact us today to arrange a confidential discussion about your evidence and your options. When fairness matters most.

If you ever experience legal unfairness and you think your reaction would affect your family relationships, what would you do? Let us know in the comments, or dive further into this topic here.

FAQs

1. What if I don’t have the deceased’s medical records yet?

You are not expected to have these records initially. As your solicitor, our first step in a capacity challenge is to formally request the deceased’s medical history from the relevant healthcare providers on your behalf. This is a crucial and often complex legal process that we manage entirely to ensure you secure the necessary evidence, minimizing the stress on you.

2. Can text messages or old letters be used as evidence in a Will contest?

Yes, absolutely. Informal communications like old letters, emails, or text messages are vital circumstantial evidence, particularly in cases alleging Undue Influence or lack of knowledge. They can establish the true nature of relationships, show vulnerability, or confirm any suspicious changes in the deceased’s behaviour, providing important context for the court.

3. How long do I have to gather evidence before the time limit expires?

It is critical to act immediately. While general Will validity claims have flexible timelines, claims under the Inheritance Act 1975 must be issued within six months of the Grant of Probate being sealed. To stop executors from distributing assets and give you time to investigate the evidence, we recommend immediately placing a Caveat at the Probate Registry.






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Frequently asked questions.

Disputes over wills can arise in several circumstances, including:

  • Testamentary capacity: The person who made the will (known as the testator) must have had the mental capacity to understand what they were doing and the consequences of their actions. This means that they must have been able to understand the nature and extent of their property, the people they were giving their property to, and the people they were excluded from their will.

 

  • Valid execution: The will must have been executed correctly under the law. This means it must be in writing, signed by the testator, and witnessed by two independent witnesses.

 

  • Undue influence: The testator must have made the will freely and without any pressure from others. The will may be invalid if someone was unduly influenced to make a will. Undue influence can occur when someone takes advantage of a testator’s vulnerability, such as if the testator is elderly, ill, or has a mental disability.

 

  • Fraud or forgery: If the will was forged or if someone fraudulently induced the testator to make the will, the will may be invalid.

 

Claims against a will must usually be made within six months of the grant of probate being issued. This is the legal document that gives the executor the authority to administer the estate. If a claim is not made within this time, it may be too late to challenge the will.

As such, executors often wait until this six-month period has expired before distributing the estate. This is to avoid having to distribute the estate and then having to take it back if a successful claim is made against the will.

Here are some examples of how these disputes can arise:

  • A family member may dispute a will if they believe that the testator did not have the mental capacity to make a will. For example, if the testator was suffering from dementia or Alzheimer’s disease at the time the will was made.
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A family member may dispute a will if they believe that it was not executed correctly. For example, if the will is not signed by the testator or if it is not witnessed by two independent witnesses.

 

  • A family member may dispute a will if they believe that they were unduly influenced to make the will. For example, if a caregiver or another family member pressured the testator to make the will in their favour.

 

  • A family member may dispute a will if they believe that it was forged or if someone fraudulently induced the testator to make the will. For example, if someone forged the testator’s signature on the will or if someone lied to the testator about the contents of the will.

If you are thinking about disputing a will, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.



Types of Trusts

Many different types of trusts can be set up, depending on your specific needs and goals. Some of the most common types of trusts include:
Bare Trusts: A bare trust is a simple type of trust in which the trustee holds the assets for the benefit of the beneficiary. The beneficiary is entitled to the income and capital of the trust as soon as they are old enough to receive them.

Interest in Possession Trusts: An interest in possession trust is a type of trust in which the beneficiary is entitled to the income from the trust immediately, but not to the capital until a later date. This type of trust is often used for minor beneficiaries or for beneficiaries who are not yet responsible enough to manage their own money.

Discretionary Trusts: A discretionary trust is a type of trust in which the trustee has the discretion to decide how and when to distribute the income and capital of the trust to the beneficiaries. This type of trust is often used for families with multiple beneficiaries or beneficiaries with special needs.

Accumulation Trusts: An accumulation trust is a type of trust in which the income from the trust is accumulated and not distributed to the beneficiaries until a later date. This type of trust is often used to save for a specific purpose, such as a child’s education or a retirement fund.

Mixed Trusts: A mixed trust is a type of trust that combines elements of different types of trusts. For example, a trust may be a discretionary trust for one beneficiary and an interest in possession trust for another beneficiary.

Settlor-Interested Trusts: A settlor-interested trust is a type of trust in which the settlor (the person who creates the trust) retains some interest in the trust assets. For example, the settlor may retain the right to receive income from the trust or to appoint the trustee.

Non-Resident Trusts: A non-resident trust is a type of trust that is created and governed by the laws of a country other than the country where the settlor or beneficiaries reside.
Which type of trust is right for you will depend on your specific needs and goals. It is important to consult with an estate planning attorney to discuss your options and choose the type of trust that is best for you.
Here are some examples of how different types of trusts can be used:
A bare trust can be used to hold assets for a minor child until they reach the age of majority.

An interest in possession trust can be used to provide income to a beneficiary who is not yet responsible enough to manage their own money.

A discretionary trust can be used to manage assets for a family with multiple beneficiaries or for beneficiaries with special needs.

An accumulation trust can be used to save for a specific purpose, such as a child’s education or a retirement fund.

A mixed trust can be used to achieve a variety of different goals, such as providing income to one beneficiary and preserving capital for another beneficiary.

A settlor-interested trust can be used to retain some control over trust assets after the settlor has created the trust.

A non-resident trust can be used to reduce estate taxes or to protect assets from creditors.
It is important to note that this is just a brief overview of the different types of trusts. There are many other types of trusts available, and each type of trust has its own specific features and benefits. For more information please visit www.gov.uk/trusts-taxes/types-of-trust

Inheritance trust disputes can be complex and varied, but some common scenarios include:

  • Disputes over the validity of the trust: This can happen if the settlor (the person who created the trust) does not have the mental capacity to create a trust, or if the trust deed was not executed correctly.

 

  • Disputes over the interpretation of the trust deed: If the trust deed is poorly drafted or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.

 

  • Disputes over the appointment or removal of trustees: Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee is not acting in the best interests of the beneficiaries, the beneficiaries may apply to the court to have the trustee removed.

 

  • Disputes over the investment of trust assets: Trustees have a legal duty to invest trust assets prudently. If a trustee makes investments that are too risky or that lose money, the beneficiaries may sue the trustee for breach of duty.

 

  • Disputes over the distribution of trust assets: Trustees have a legal duty to distribute trust assets to the beneficiaries in accordance with the terms of the trust deed. If a trustee distributes trust assets incorrectly, the beneficiaries may sue the trustee for breach of duty.

 

Here are some specific examples of inheritance trust disputes that have occurred in the UK:

  • In one case, a beneficiary disputed the validity of a trust deed on the grounds that the settlor (the person who created the trust) did not have the mental capacity to create a trust at the time it was set up.

 

  • In another case, a beneficiary sued the trustees for breach of duty after the trustees made a number of risky investments that lost money.



  • In a third case, a beneficiary sued the trustees for breach of duty after the trustees distributed trust assets to the beneficiaries in a way that was not in accordance with the terms of the trust deed.

 

Other possible disputes include:

  • A beneficiary was expecting more than what is set out in the trust document. This may be because the beneficiary had a reasonable belief that they would receive more, or because the trust document is unclear about the beneficiary’s entitlement.

 

  • The individual who set up the trust was provided with negligent or misleading advice. If the settlor was not properly advised about the consequences of setting up a trust, or if they were given incorrect information, they may be able to challenge the trust.

 

  • The trust document is either incomplete or unclear about the wishes of the deceased. If the trust document is incomplete or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.

 

  • A trustee acts against the best interests of the beneficiary or doesn’t administer the trust correctly. Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee breaches their duty, the beneficiaries may sue the trustee.

If you are involved in an inheritance trust dispute, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.

Contesting a will is challenging the validity of a will. This can be done on a number of grounds, including.

  • The testator (the person who made the will) did not have the mental capacity to make a will.
  • The will was not executed correctly, i.e., it was not signed by the testator or witnessed by two independent witnesses.
  • The testator was unduly influenced to make the will.
  • The will was forged or fraudulent.

 

Contentious probate is any dispute about the administration of a deceased person’s estate. This can include disputes about

  • The validity of the will.
  • The interpretation of the will.
  • The appointment or removal of executors.
  • The distribution of the estate assets.
  • The management of the estate.
  • In the UK, contentious probate is dealt with by the High Court.

 

The main difference between contesting a will and contentious probate is that contesting a will is specifically challenging the validity of the will, while contentious probate can include a wide range of disputes about the administration of an estate.

Here is an example:

Contesting a will: A beneficiary challenges the validity of a will on the grounds that the testator did not have the mental capacity to make a will.

Contentious probate: A beneficiary disputes the interpretation of a will and argues that they are entitled to a larger share of the estate than they have been given.

It is important to note that the two terms are often used interchangeably. For example, a lawyer might say that they are “dealing with a contentious probate matter” when they are actually challenging the validity of a will.

If you are thinking about contesting a will or pursuing a contentious probate claim, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.

The time limit for making a contentious probate claim in the UK is six months from the grant of probate. This is the legal document that gives the executor the authority to administer the estate.

If you do not make your claim within this six-month time limit, you may need to apply to the court for permission to make a late claim. The court will only grant permission if you have a good reason for not making your claim on time.

There are a number of factors that the court will consider when deciding whether to grant permission for a late claim, including:

  • Why did you not make your claim on time?
  • The strength of your case.
  • Whether the other beneficiaries will be prejudiced if your claim is allowed to proceed.
  • If the court grants you permission to make a late claim, you will need to file your claim within 28 days.

 

It is important to note that there are some exceptions to the six-month time limit. For example, if the executor has committed fraud or concealed assets from the beneficiaries, the beneficiaries may be able to make a claim after the six-month time limit has expired.

If you are thinking about making a contentious probate claim, it is important to seek legal advice as soon as possible. A lawyer can assess your case and advise you on the time limits that apply and whether you have a good case.

Here are some examples of when you might be able to make a late contentious probate claim:

  • You were not aware of the death of the deceased until after the six-month time limit had expired.
  • You were unable to make your claim on time because you were ill or incapacitated.
  • The executor has deliberately concealed information from you about the estate.
  • The executor has committed fraud in the administration of the estate.

 

The 12-year limit for making a contentious probate claim in the UK applies to claims for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975. This means that if you are making a claim for financial provision from an estate, you must do so within 12 years of the date of the deceased’s death.

The reason for the 12-year limit is to encourage people to make their claims as soon as possible after the deceased’s death. This is because it can become more difficult to investigate and prove a claim after a long period of time has elapsed.

If you are unsure whether you are able to make a late contentious probate claim, you should seek legal advice.

Most disputes in the UK are resolved out of court through mediation and negotiation. This is because it is generally faster, cheaper, and less stressful for all involved.

If you are considering disputing a will, it is important to contact a contentious probate specialist before you involve any other relatives or beneficiaries of the estate. A specialist lawyer can advise you on your legal options and help you to resolve the dispute quickly and efficiently.

Here are some of the benefits of resolving a will dispute out of court:

  • It is faster and cheaper than going to court.
  • It is less stressful for all involved.
  • It allows you to maintain relationships with other family members and beneficiaries.
  • You have more control over the outcome of the dispute.

 

There are a number of steps that you can take to try to resolve a contentious probate dispute without going to court, including

  • Negotiation: You can try to negotiate a settlement with the other parties to the dispute. This may involve making concessions on your part, but it can be a good way to avoid the time and expense of court proceedings.
  • Mediation: Mediation is a process where an independent mediator helps the parties to reach a mutually agreeable settlement. Mediation can be a good way to resolve a dispute without going to court, but it is important to note that it is not binding on the parties.
  • Arbitration: Arbitration is a more formal process than mediation, and it is binding on the parties. However, it can still be a good way to resolve a dispute without going to court.

 

If you are unable to resolve the dispute amicably, you will need to file a claim with the High Court. The court will then hold a hearing to decide the case.

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