Who Can Contest a Will?

Not everyone has the legal right to challenge a will. There are two main routes. A challenge to the validity of a will can usually be brought by anyone who would benefit if the will were set aside, for example under an earlier will or the intestacy rules. A claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 is limited to specific categories of people.

We can assess whether you are entitled to bring a claim and advise you on bringing or defending one.

Who Can Claim Under the Inheritance Act 1975?

You may be able to claim reasonable financial provision from an estate if you are:

• A spouse or civil partner of the deceased.
• A former spouse or civil partner: if you have not remarried or formed a new civil partnership, and your right to claim was not excluded by a court order on divorce or dissolution.
• A cohabiting partner: if you lived with the deceased as a couple in the same household for the whole of the two years immediately before their death.
• A child of the deceased: including adult and adopted children.
• A person treated as a child of the family: for example a stepchild, in relation to a marriage or civil partnership of the deceased.
• Any other person maintained by the deceased: wholly or partly, immediately before their death.

Beneficiaries under an earlier will, and those entitled under the intestacy rules, may also be able to challenge the validity of a will.

When You May Not Be Eligible

If you are not in one of these categories and would not benefit if the will were set aside, you usually cannot contest it. You may still have a claim if the deceased made a promise to you that you relied on to your detriment, for example under the doctrine of proprietary estoppel.

We can assess your circumstances and advise on whether you have grounds to proceed.

What if You Were Left Out of a Will?

If you expected to inherit but were left out, you may be able to claim under the Inheritance Act 1975 if you fall within one of the categories above. A spouse, civil partner or child does not need to show financial dependency to bring a claim. The court considers factors such as your financial needs and resources, the size of the estate, the needs of the beneficiaries and any obligations the deceased had towards you.

We can help you prepare your claim or negotiate a settlement where possible.

Can Executors or Beneficiaries Contest a Will?

Executors and beneficiaries can challenge a will if they believe it is invalid or if another party’s claim threatens the proper distribution of the estate. Our solicitors act for both sides, ensuring that estates are administered lawfully and fairly.

Proving Your Eligibility

Before a claim can proceed, you must show your legal connection to the deceased and, in some cases, evidence of financial dependency. This may include bank statements, letters, or witness evidence confirming your relationship and level of support.

We will help you gather the necessary documents and prepare your case effectively.

Next Steps

If you think you may be entitled to contest a will, contact us. We will advise you on whether you qualify, explain your options and help you act within the time limits that apply to inheritance claims.

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