Getting cut out of a will can be extremely difficult to deal with, as you’re already grieving someone you loved.
Maybe you’re the executor trying to do the right thing, and suddenly a family member’s threatening legal action.
These situations come through our Birmingham office regularly. Here’s the reality of contesting a will in the UK.
Who Can Actually Challenge a Will?
It’s never as simple as just challenging a will because you’re unhappy with what you received. The law requires “standing” – a proper legal connection to the deceased.
You’ve got standing if you’re named in the current will, named in an older version, a spouse or child (any age), financially dependent on the deceased, or lived with them for two years before death.
Reasons You Can Contest
The person lacked mental capacity
If your dad had advanced dementia but signed a new will a week before he died or your aunt was heavily medicated in hospital and changed everything, these situations demonstrate lack of capacity.
The legal test asks: did they understand what a will does, know what they owned, recognise who should inherit from them, and have a sound mind when signing?
Medical records become vital evidence. We’ve seen cases where GP notes showed severe confusion on the exact day someone supposedly made clear-headed decisions about their estate.
They didn’t know what they were signing
Sometimes a relative prepares a will, places it in front of someone, and says “just sign here.” The deceased had never actually read it or understood the contents.
This particularly raises eyebrows when the person who arranged the will is also its main beneficiary.
Undue influence happened
Someone pressured or manipulated them into changing the will. But not gentle persuasion – we’re talking about domination and coercion.
For example, a new partner isolates an elderly person, cuts off contact with family, then suddenly there’s a will leaving everything to them. Or an adult moves back home, takes over finances, and the next thing you know, siblings are disinherited.
Proving this is tough. You need solid evidence that someone controlled the deceased to the point their true wishes were overridden.
Forgery
This is rare, but it happens. For example, someone faked a signature or forged documents. You’d need handwriting experts and witnesses who can confirm the deceased’s whereabouts on the supposed signing date.
Technical failures
Wills have strict requirements. Two independent witnesses must watch you sign and then sign themselves. Those witnesses can’t benefit from the will or be married to anyone who does.
Miss any of this and the will is invalid. Then an earlier will kicks in, or intestacy rules take over if there isn’t one.
Inheritance Act Claims
There’s another route that’s different from challenging validity. The Inheritance (Provision for Family and Dependants) Act 1975 lets certain people argue they should have been provided for, even if the will is technically valid.
Spouses, ex-spouses, children, and financial dependants can make these claims.
For example, your mum sadly passes away and everything goes to her new husband. Meanwhile, you and your siblings – her children from her first marriage – receive nothing. That’s potentially an Inheritance Act claim, especially if you had financial needs or disabilities.
Courts weigh up your financial situation, including what the deceased owed you morally, the estate’s size, your relationship with them, and what everyone else is getting. They don’t automatically split things according to intestacy rules – it’s about what’s reasonable in your specific circumstances.
How Challenges Actually Play Out
Settlement before court
Most disputes settle without reaching trial, as court costs can easily spiral past £100,000. Cases drag on for years and families implode.
So there’s usually negotiation first. Solicitors’ letters flying back and forth. Maybe mediation. Everyone is looking for a way out that doesn’t involve spending money in court.
Executors often settle to avoid risk. Challengers back down when they realise their case is weaker than they thought.
Entering a caveat
You can lodge a caveat at the Probate Registry, which freezes everything for six months. No grant of probate, no distributing assets. It’s a “stop, we’ve got a problem here” move.
Going to court
Birmingham cases typically run through the Business and Property Courts on Bull Street.
Expect to exchange mountains of evidence – witness statements, medical records, financial documents. There’ll be costs hearings, interim applications, possibly more settlement talks. If nothing resolves, you’re heading to trial.
Trials can last weeks. Witnesses testify. Lawyers dissect every document. Medical experts debate capacity.
Time Limits
Challenging validity (capacity, undue influence, etc.) doesn’t have a hard deadline, but you can’t wait forever. Delaying matters makes courts less sympathetic.
Inheritance Act claims? Six months from probate. Miss that and you’re asking permission to proceed late, which isn’t guaranteed.
It’s worth getting legal advice as soon as possible.
Patterns We See Constantly
- Second marriages where the new spouse gets everything and the first family gets cut out.
- Deathbed wills signed by people with dementia, often benefiting a carer.
- The caregiver sibling who suddenly inherits the everything while other siblings receive nothing.
- Secret new wills that nobody knew existed, completely different from what the family expected.
These aren’t just legal fights. They’re family relationships exploding.
When to Fight
It is worth raising a legal dispute when someone has clearly lacked capacity and been exploited, especially when there’s obvious undue influence against a vulnerable person.
When you’re a spouse or child left with nothing, if you were financially dependent and were excluded, or when the estate’s big enough that you’d still come out ahead after costs, then, yes, it’s important to get advice and not to just accept it.
If You Win
The invalid will gets thrown out. An earlier will then takes over, or intestacy rules apply.
With an Inheritance Act claim, the court orders provision for you – a lump sum, ongoing payments, or whatever’s reasonable.
Getting Advice
Find a solicitor who does contentious probate specifically, as it’s specialist work.
If you book a consultation with us, we would advise bringing the will, earlier wills, information about the deceased’s health, details about when the will was made, and financial information.
We’ll tell you if you’ve got a case, what your chances are, the likely costs, the timeframe, and whether settlement is an option.
The Emotional Reality
These cases are rarely about money alone. They can also be about betrayal and the culmination of decades of family politics.
Sometimes challenging is right and winning changes your financial future. Sometimes it’s about standing up for a vulnerable person who was manipulated.
Sometimes, though, walking away is the better choice.
What to Do Now
Facing an inheritance dispute? Our advice is to book a consultation quickly, whether you’re challenging or defending. Don’t let it fester.
Contentious probate can be complex and you need someone experienced who’ll give it to you straight.
The team at Tower Bridge Legal look at what’s happened, assess the legal position, and tell you honestly whether pursuing this makes sense. Not every case should be fought. When it should be, it needs to be done properly.
Contact our Birmingham office. The first conversation is about figuring out where you actually stand.
This blog is general information about contested wills, not specific legal advice for your situation. For that, speak to a solicitor who can look at your circumstances.