Inheritance disputes: can you challenge a will?

Inheritance disputes are becoming increasingly common in England and Wales, with over 11,000 applications to block probate in 2024, a significant rise over recent years.

Losing a loved one is never easy and inheritance disputes can add further stress at an already difficult time. It is extremely common for family members or dependants to question whether a will truly reflects the deceased’s wishes. This ultimately raises the question of whether you can challenge a will.

In short, yes, you can, but only in specific circumstances. In England and Wales, the law generally respects a person’s right to leave their estate as they choose. However, a will may be challenged if it is legally invalid or if it fails to make reasonable financial provision for certain individuals.

Challenging the validity of a will

If you believe a will does not reflect the deceased’s true intentions, it may be possible to challenge its validity. This requires recognised legal grounds, including:

• Want of due execution– a will must be signed and witnessed correctly. Errors, especially in homemade of handwritten wills, which tend to me more common than thought, can make it invalid.
• Lack of knowledge and approval– A will may be challenged if the testator did not fully understand or approve its contents, particularly in suspicious circumstances.
• Undue influence– If someone was pressured or coerced into making a will, it may be set aside, although this could be difficult to prove.
• Fraud, forgery or fraudulent calumny– A will may be invalid if it has been forged or created through deception, including misleading the testator about others.
• Lack of testamentary capacity– The testator must be of sound mind, understanding the nature of the will, their assets and who should benefit.

What if the will contains a mistake?

Sometimes the issue is not validity but an error in the will. In these cases, the court may be able to correct it under section 20 of the Administration of Justice Act 1982, so it properly reflects the deceased’s intentions.

Claims for reasonable financial provision

Even if a will is valid, certain people may still challenge it under the Inheritance (Provision for Family and Dependants) Act 1975. Eligible individuals include spouses, partners, children, and dependents who were not reasonably provided for.

These claims do not invalidate the will but allow the court to award financial provision from the estate.

If someone was promised an asset but this is not reflected in the will, they may bring a claim based on proprietary estoppel. This required showing a promise, reliance on it, and resulting disadvantage. The court can then award compensation or transfer property.

Who can challenge a will?

A person must usually have a financial interest in the estate, such as a beneficiary, someone names in a previous will, or a dependant.

If you are considering a claim, you should seek legal advice quickly. In some cases, a caveat can be entered to prevent probate and pause the distribution of the estate.

Many disputes are resolved through negotiation or medication, although some proceed to court.

There are also time limits, which vary depending on the type of claim. There is no strict deadline for challenging the validity of a will, but delays can weaken your case, particularly if the estate has already been distributed. Claims under the Inheritance (Provision for Family and Dependants Act 1975) must usually be brought within six months of the grant of probate, and the same six-month timeframe generally applies to rectification claims. Therefore, acting quickly is essential.

Costs and final thoughts

Contesting a will can be expensive and stressful, with potential cost risks if a claim fails. As a result, many disputes settle before trial. So, yes, you can challenge a will, but only in the right circumstances. Whether the issue is validity, a mistake, or a lack of financial provision, there are routes available, but they require careful consideration and prompt legal advice.

Any questions? Our team are always here to guide you. Give us a call on 01753 486 777 or email info@astonbond.co.uk