Will and Estate Disputes
Last reviewed: September 2026 · EA Personal Injury Solicitors
If you are considering challenging the validity of a will, or believe a will (or intestacy) has failed to make reasonable financial provision for you, EA Personal Injury Solicitors can advise on your options — from contesting the will itself to bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
TL;DR — Quick Summary
Key Points
- A will can be challenged for lack of capacity, undue influence, improper execution or fraud
- An Inheritance Act claim is a separate route, arguing a valid will failed to provide for you reasonably
- Inheritance Act claims must generally be brought within six months of the grant of probate
- A caveat can pause distribution of an estate while a dispute is investigated
- We favour negotiation and mediation over litigation wherever a fair outcome can be reached
Contesting the Validity of a Will
Challenging a will means arguing that the document itself is not legally valid and should not take effect. The main grounds are:
- Lack of testamentary capacity — the person did not have the mental capacity, at the time the will was made, to understand the nature of making a will, the extent of their assets, and the claims of those who might expect to benefit
- Lack of knowledge and approval — the person did not properly know and approve the contents of the will, for example where suspicious circumstances surround how it was prepared
- Undue influence — the person was coerced or pressured into making a will that did not reflect their true wishes
- Improper execution — the will was not signed and witnessed in accordance with the formal legal requirements
- Fraud or forgery
Inheritance Act Claims — A Different Route
Separately from challenging a will's validity, the Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of applicant to claim that a will (or the rules of intestacy, where there is no will) failed to make reasonable financial provision for them, even though the document itself is accepted as valid. Eligible applicants include a spouse or civil partner, a former spouse or civil partner who has not remarried, a child of the deceased, a person treated as a child of the family, and anyone who was being maintained by the deceased immediately before their death. The court considers a wide range of factors, including the applicant's financial needs and resources, the size of the estate, and the deceased's reasons for the provision they made.
Time Limits
Inheritance Act claims must generally be brought within six months of the grant of probate or letters of administration — a strict and relatively short deadline compared to many other civil claims, though the court retains limited discretion to allow a late claim in appropriate circumstances. Challenges to the validity of a will are not subject to the same fixed statutory deadline, but practical difficulties increase the longer you wait, particularly once estate assets have been distributed to beneficiaries.
Protecting Your Position
Where you are concerned about a will's validity or a lack of provision but need time to investigate, it may be possible to enter a caveat at the Probate Registry to prevent a grant of probate being issued while the position is clarified. We can advise on whether this step is appropriate in your circumstances.
Resolving Estate Disputes
We recognise that will and estate disputes often arise within families at an already difficult time. We aim wherever possible to resolve these disputes through negotiation or mediation, seeking a fair and proportionate outcome without the additional cost and strain of contested litigation, while ensuring your legal position and any relevant time limits are properly protected throughout.