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The Success Rates of Contesting a Will: Separating Legal Fact from Emotional Fear

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While official, public success rates of contesting a will are often difficult to find—as the vast majority (over 98%) of claims are settled confidentially outside of court—the true measure of success lies in the strength of your evidence, not courtroom statistics. A successful outcome, which means securing a favourable change to the estate’s distribution, depends almost entirely on the quality of documentation proving the Will is legally invalid or fails to provide adequate financial support.

success rates of contesting a will

The Success Rates of Contesting a Will: Separating Fact from Fear

When the shock of a loved one’s passing is compounded by a sense of deep unfairness in their Will, the thought of initiating a legal battle can feel overwhelming. The first question our clients ask is rarely about procedure; it is often, “Do I stand a chance?” or, “What are the real success rates of contesting a will?”

At Contest A Will Today, and under the guidance of our leader, DS Bal, we believe that every fight for justice deserves a clear-eyed assessment. This article will separate the often-misleading general statistics from the reality of what successful contentious probate claims actually look like in the UK. We shift the focus from abstract chance to the single factor you can control: your evidence.

The Truth Behind the Numbers: Settling vs. Trial

If you search for hard statistics on the success of Will disputes, you will find figures that seem disheartening. However, these numbers are misleading because they focus almost exclusively on cases that reach a full trial hearing.

In England and Wales, industry experts estimate that upwards of 10,000 inheritance disputes are initiated each year. Yet, fewer than 200 of these cases actually proceed to a final courtroom judgment. This discrepancy is telling: the overwhelming majority of claims—over 98%—are resolved confidentially through negotiation, mediation, or out-of-court settlements.

This means that a low court success rate does not reflect the true outcome for claimants. For specialist firms like ours, success is defined not by a judge’s ruling, but by achieving a fair, commercially viable settlement that changes the estate distribution in our client’s favour. The strength of your initial evidence is what forces the other side to negotiate seriously, long before a trial is necessary.

Defining True Success (It Isn’t Always a Courtroom Victory)

In the field of contentious probate, “winning” rarely means a dramatic courtroom scene. True success is:

  1. A Favourable Settlement: The opposing party acknowledging the weight of your evidence and agreeing to mediation that results in a legally binding change to the inheritance.
  2. Validation of the Previous Will: Successfully proving the current Will is invalid, which reinstates the provisions of an older, fairer Will.
  3. Financial Provision: Securing the reasonable financial support you are entitled to under the Inheritance (Provision for Family and Dependants) Act 1975.

These negotiated outcomes are faster, less stressful, and critically, less expensive than protracted litigation, which is why they are the preferred strategy for maximising your outcome.

The Single Biggest Predictor of Success: Your Evidence

The only factor that truly impacts the success rates of contesting a will is the strength and relevance of the evidence you can provide.

A claim based merely on hurt feelings or the belief that you “deserve more” will not succeed. The court only cares about the four legal grounds. If you can provide documented proof for one of these grounds, your prospect of success drastically improves:

  • Lack of Capacity: Hard medical records proving the deceased did not have a “sound mind” when the Will was signed.
  • Undue Influence: Witness statements or circumstantial evidence that proves coercion, not just suggestion or nagging.
  • Formal Validity: Technical proof (or lack thereof) that the Will was not signed or witnessed correctly.
  • 1975 Act Claim: Documentary proof of your financial need and dependency on the deceased.

When we review your initial evidence, we provide a candid and expert assessment of your likelihood of success, ensuring we only proceed with claims built on solid foundations.

If you can provide documented proof for one of these grounds, your prospect of success drastically improves. (See our guide: Can You Contest a Will? The Evidence You Need to Fight for Fairness)”

The Reality Check: When It Is Not Wise to Contest

While we champion the fight for fairness, we must also be realistic about the risks. There are times when contesting a Will is simply not a good strategy.

When Not to Contest

If your primary concern is based purely on the principle of unfairness without any supporting evidence of legal invalidity (such as a medical diagnosis or witness testimony of coercion), or if the likely cost of litigation outweighs the potential financial benefit of success, we will advise against proceeding. English law strongly protects the testator’s freedom to dispose of their assets as they choose, even if that choice seems mean or shocking. Without a clear legal fault in the document or its creation, challenging the Will is highly unlikely to result in a positive outcome and will expose you to significant legal costs.

Addressing the Costs Barrier: Making Justice Accessible

The prospect of hefty legal bills is often the greatest deterrent to pursuing justice. We understand that discussing costs during a time of grief is difficult, but clarity is essential.

The Cost of Contesting a Will

Contentious probate is specialised litigation, and the costs can be substantial, often running into five or even six figures if a case goes all the way to trial. However, the costs usually depend on the complexity and length of the dispute. Crucially, the court has the power to order the losing party to pay the winner’s legal costs. Our strategic focus on Alternative Dispute Resolution (ADR) methods, such as mediation, is designed to reach a resolution swiftly, drastically reducing your financial exposure.

At Contest A Will Today, we specialise in making the financial burden manageable for claims with a high likelihood of success. We offer flexible funding solutions, including Conditional Fee Agreements (CFAs), commonly known as No Win No Fee. This arrangement means we only get paid our legal fees if we win your case. We also guide you on securing After-the-Event (ATE) Insurance to protect you from being liable for the opponent’s costs if the claim is ultimately unsuccessful.

Navigating the Emotional Toll of Family Disputes

It is impossible to discuss a Will contest without acknowledging the profound emotional difficulty. These disputes often pit family member against family member, turning private grief into a public conflict. Choosing to pursue a claim is a brave act, but it is also draining. Our team blends professional expertise with the genuine empathy and discreet representation you need right now, helping you manage the legal strategy so you can focus on yourself.

If you want justice but you are afraid of damaging your family relationship, you don’t have to face it alone. We are right here with you.

Let us know in the comments what you would do in that situation. Or share your story to inspire others.

Take the First Step: Get a Confidential Assessment

Focusing on the perceived success rates of contesting a will can feel like gambling. We urge you to stop looking at general statistics and instead focus on the facts of your unique situation. If you have documentation—medical records, solicitor notes, or witness accounts—that suggests the Will is fundamentally flawed, you have a solid path forward.

Do not let fear of legal complexity or cost prevent you from seeking the fairness you deserve.

The path to a successful resolution begins with a confidential discussion about your evidence. Contact us today to receive an honest assessment and learn how we can leverage the strength of your case to secure a positive outcome.

FAQs

1. Does the success rate change depending on the grounds (e.g., Undue Influence)?

Yes. Claims based on formal execution errors often have a higher technical success rate than those based on Undue Influence, which is notoriously difficult to prove in court. However, a strong evidence base—like clear medical or witness statements—improves the prospects for any claim dramatically and is what ultimately forces the other side to negotiate a favourable settlement.

2. How does the negotiation process affect the success rate of contested wills?

Negotiation and mediation are crucial, as over 98% of all claims settle out of court, defining the true rate of success. These Alternative Dispute Resolution methods allow parties to reach a structured, legally binding agreement faster and with significantly lower costs than prolonged litigation. A strong claim will use the threat of a successful trial to drive a better settlement outcome.

3. What is the typical success rate of contesting a will that goes all the way to trial?

Very few contested wills reach a full trial hearing, with fewer than 200 cases per year in the UK. The success rate for claims that proceed to final judgment is generally low, but this number is misleading because it excludes the vast majority of cases successfully settled beforehand. For this reason, professional solicitors prioritize achieving success outside of the courtroom.





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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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