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Contesting a Will: When Should You Take Action?

15 April 2026

It’s not always obvious when something isn’t quite right with a will. For many people, concerns only start to surface after probate begins or when the contents come as a surprise.

We’re increasingly speaking to clients who feel uncertain, confused or even uncomfortable about how a loved one’s estate has been handled. And while not every situation leads to a legal claim, it’s important to know that you do have options if something doesn’t sit right.

It’s not just about fairness

A common misconception is that you can challenge a will simply because it feels unfair. In reality, the law focuses on how the will was made, rather than whether you agree with it.

That said, there are certain situations where a will may not be legally valid, or where someone may have a right to make a claim against the estate.

Situations that may raise concerns

Every case is different, but there are some common red flags that often prompt further investigation:

• A will that significantly departs from earlier versions
• Unexpected beneficiaries appearing late in life
• Concerns about vulnerability, illness or dependency at the time the will was made
• Family members being excluded without clear explanation
• Errors or inconsistencies in the document itself

These don’t automatically mean a claim will succeed, but they can indicate that a closer look is needed.

The legal grounds (in simple terms)

There are a number of recognised legal grounds for challenging a will in England and Wales. These typically include:

• Capacity issues: where the person making the will may not have fully understood their decisions at the time
• Undue influence: where pressure or coercion may have affected their wishes
• Lack of knowledge and approval: where the contents may not have been properly understood
• Execution problems: where the will wasn’t signed or witnessed correctly
• Fraud or forgery: in more serious cases, where the document itself is in question

The courts apply strict rules to wills, which is why strong evidence is usually required to support any challenge.

What if the will is valid?

Even if there are no issues with how the will was created, that doesn’t always mean the matter ends there.

In some cases, individuals can still bring a claim if they were financially dependent on the deceased or have not been left reasonable provision. This is often relevant for spouses, children, or long-term partners.

Timing matters

One of the most important and often overlooked aspects of contesting a will is timing. Claims can be subject to strict time limits, and delays may affect your options.

Seeking advice early allows you to preserve your position, understand the strength of your case, and avoid unnecessary costs further down the line.

A practical approach

Disputes of this nature are rarely straightforward. They can involve sensitive family dynamics, complex legal issues and, understandably, heightened emotions.

Our approach is always to provide clear, pragmatic advice from the outset helping you understand where you stand and what your next steps could look like.

Andrew Carswell, who specialises in will disputes and estate claims, works closely with clients to guide them through these situations with sensitivity and clarity, ensuring they feel supported throughout the process.

Speak to our team

If you have concerns about a will, or simply want to understand your position, our will dispute and estate claims team is here to help.

We offer clear, straightforward advice tailored to your circumstances, with a focus on resolving matters as efficiently and sensitively as possible.

To discuss your situation in confidence, contact us today on 01202 294411, or complete our online enquiry form Contact Us AB Solicitors For Your Legal Needs and a member of the team will be in touch.

 

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