How to Challenge a Will

If you think a will is invalid, or that it left you without reasonable provision, there are things you can do. Some of them are urgent. This guide covers what to do first, how to get hold of the evidence, what the deadlines are, and how to find the right solicitor. Make a Will does not act in contested probate cases, so none of this is a sales pitch. It is just the order things happen in.

What should you do first?

Two things, in this order. First, work out what you would actually get if the will were set aside. If there is an earlier will, that earlier will takes over, and it may leave you no better off. If there is no earlier will, the intestacy rules apply. There is no point in a challenge that cannot improve your position.

Second, move quickly if probate has not been granted yet. Once the grant is issued, executors can pay the estate out. Getting money back from people who have already spent it is far harder than stopping it leaving in the first place.

What is a caveat and should you enter one?

A caveat is a formal notice that stops probate being granted without telling you first. It is the standard step while you look into a possible challenge to the validity of a will. It buys you time. It does not decide anything.

It lasts six months. You can extend it for another six months by applying in the final month, and keep extending after that.
It can be challenged. Anyone with an interest in the estate can issue a "warning" that asks you to say what your own interest is.
You then have eight days. Once a warning is served you have eight days to enter an "appearance" setting out your interest, or the caveat can be removed.
It is not for money claims. A caveat is the wrong tool if you accept the will is valid but want provision under the Inheritance Act 1975. Using one in that situation can cost you on costs.

The rules are in the Non-Contentious Probate Rules 1987, and GOV.UK explains the process. Take advice before you enter one. Using a caveat to apply pressure, rather than to look into a real dispute about validity, is treated seriously by the court.

How do you get the evidence?

Nearly every will dispute turns on documents rather than what people remember. The two things worth having are the will-drafter's file and the medical records.

A Larke v Nugus request. This is a written request to the solicitor or will-writer who prepared the will. It asks how they took instructions, who else was in the room, what they were told and what they wrote down at the time. Law Society guidance on disputed wills says a solicitor should co-operate fully with reasonable enquiries like this. The firm can charge for preparing the statement.
Medical records. Where capacity is in question, GP and hospital records from around the date of the will usually settle it. They count for far more than what family members remember.
Anything written at the time. Attendance notes, letters, texts, bank statements and care home notes all carry more weight than recollections years later.

An empty or evasive answer tells you something in itself. In Whittle v Whittle (2022) the will file could not explain how or by whom the appointment had been made. That formed part of the picture that led the court to set the will aside.

What are the deadlines?

Invalidity claims: no fixed deadline, but do not wait. There is no statutory time limit for arguing a will is invalid. The risk is that the estate gets paid out while you think about it.
Inheritance Act 1975 claims: six months. Counted from the date the grant of representation is first taken out. The court can allow a late claim, but never plan on that.
Correcting a clerical error: six months. Same starting point, under section 20 of the Administration of Justice Act 1982.

Do you have to go to court?

No, and most of these disputes settle. There is no formal pre-action protocol for probate and trust disputes under the Civil Procedure Rules. A draft was written and never adopted. In practice specialists follow the voluntary ACTAPS Code, and the general Practice Direction on Pre-Action Conduct applies.

So the expected order of events is this. A detailed letter setting out your case, disclosure of the key documents, then a genuine attempt to negotiate or mediate before anyone issues a claim. Courts take a dim view of people who skip that and go straight to litigation.

Who pays the legal costs?

Usually the loser. The general rule in probate claims is the same as in other civil claims: costs follow the event. Two exceptions can apply, where the will-maker was really the cause of the dispute, or where there was good reason to investigate. But the courts have been narrowing the first one, because paying a loser's costs out of the estate encourages weak claims.

There is one narrow protection. Under the probate rules a defendant can give notice that they make no positive case, but simply want the will proved properly and will cross-examine the witnesses. A defendant who takes that limited course will not normally be ordered to pay costs, unless the court decides there was no reasonable ground for opposing the will.

One thing to watch if you are funding a claim on a no win no fee basis. In Hirachand v Hirachand (2024) the Supreme Court held that a success fee cannot be recovered as part of an award under the Inheritance Act 1975. So the success fee comes out of whatever you recover.

How do you find the right solicitor?

You need a contentious probate solicitor. That is a litigator who specialises in disputes about estates, which is a different job from drafting wills. Most firms do one or the other, not both.

Search by area of work. The Law Society Find a Solicitor service lets you filter for firms doing probate and inheritance disputes.
Ask about their experience. How many contested probate claims have they taken to trial? Do they act for challengers, for executors, or both?
Get the money conversation over with early. Ask about hourly rates, whether a no win no fee agreement is available, and what they realistically think the total will be if it goes to trial.
Ask about mediation. A good specialist will raise settlement early rather than treating a trial as the default.

To work out which ground might fit your situation, read our guides to testamentary capacity, knowledge and approval, undue influence, fraudulent calumny, incorrect execution and Inheritance Act 1975 claims. The overview of legal challenges to wills explains how they fit together.

This article is for general information and is not legal advice. Make a Will does not act in contested probate disputes, and nothing here replaces advice from a contentious probate solicitor on your own situation. If you want to talk through where you stand before instructing someone, get in touch.

Sources

Common questions

How much does it cost to contest a will?

There is no standard figure. It depends entirely on whether the case settles early or runs to trial. What matters more than the headline number is that the losing side normally pays the costs of the winning side as well as their own. Two exceptions can apply in probate claims, but the courts have narrowed them on purpose, so assume you are at risk on costs unless a specialist tells you otherwise.

What is a caveat and how do I enter one?

A caveat is a formal notice that stops probate being granted without telling you first, which gives you time to look into a possible challenge to the validity of the will. It lasts six months and can be extended. You can apply through GOV.UK. A caveat is the wrong step if you accept the will is valid but want to claim reasonable provision under the Inheritance Act 1975.

What is a Larke v Nugus request?

It is a written request to the solicitor or will-writer who prepared the will, asking how the will came to be made. Who gave the instructions, who else was there, what the drafter was told, and what they wrote down at the time. Law Society guidance on disputed wills says a solicitor should co-operate fully with reasonable enquiries of this kind. The firm can charge for preparing the statement.

Can I contest a will on a no win no fee basis?

Some contentious probate solicitors offer these agreements, but there is a catch. In Hirachand v Hirachand in 2024 the Supreme Court held that a success fee cannot be recovered as part of an award under the Inheritance Act 1975. So the success fee comes out of whatever you recover, which directly reduces what you end up with.

Oliver Asha

Solicitor · TEP · Founder of Make a Will

Oliver is a Solicitor (SRA number 372772) and a Trust and Estate Practitioner (TEP). He qualified in 2006 and he is founder at Make a Will, Make a Will Online, Digilegal Trustees and Capacity Vault. It is his mission to bring proper, solicitor-checked wills within reach of every family. He personally drafts and oversees the review of many of the guides on this site.

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