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The grounds for contesting a will are specific – there are only a few reasons why contesting might be legally considered. You will need evidence to prove why you believe the will is not legal. For example, if you believe the person making the will was not of sound mind or if the will is a result of fraud or forgery.
The first thing to do is to contact a solicitor who will guide you through the process and identify if you have a case for contesting a will. Your solicitor will submit a claim to the Probate Registry office, which will halt the probate process. This means you’ll also be notified if anything does happen concerning probate.
If you're the executor or beneficiary of a will that is being contested by someone else, we'd recommend you speak to a legal expert. If you're looking for support, we would recommend our probate experts. This can be a stressful time, and expert legal support is key.
The timeline for contesting a will depends on factors such as whether you settle before a trial or the grounds for contesting. For example, if there is a clear error in the will that makes it invalid, that will be much quicker than providing evidence for undue influence, or fraud. Learn more in our article on what happens when you contest a will.
The cost of contesting a will varies depending on the case and how complex it is. If you end up in court, it could cost hundreds of thousands of pounds. The best way to find out is to put your details in and get a quote for your particular circumstances, and then compare legal firms.
The chances of success become much higher when you choose a great solicitor with lots of experience in contesting wills and if you have significant evidence. The best way to know how likely you are to be successful is to talk to an expert about your individual case.
Theoretically, anyone can challenge a will, but it would usually be someone close to the testator who was expecting to benefit from the estate. If you are contesting under the expectation of a reasonable provision (you depend on the person who died financially) you would normally be a relation to the deceased.
If the deceased died intestate (with no will), the estate will be shared out according to the law. There is no way to contest this if there is no will. Intestate rules mean that 100% of the assets will go to the deceased's spouse. If there is no spouse or they have passed away, it will be split between next of kin.