Contesting a Will: Understanding Grounds and Claims

Paul King TEP Explains:

There are a number of grounds for contesting a Will and various other types of claims that can be made against an estate, which we explain on this page.

These include:

Technical reasons, for example, that the Will was not validly executed or that someone unduly influenced the deceased in making the Will).
A claim that you should have been provided for in the Will and weren’t.
A claim that the deceased promised you something and then didn’t include this in their Will.
A claim that a deathbed gift was made.
A claim that the deceased owed you money.

Lack of testamentary capacity

For a person to make a valid Will they must:

Be able to understand that they are making a Will, and the effect of making that Will.
Know the nature and value of their estate
Understand the consequences of excluding/including certain people in their Will.
Not be suffering from a disorder of the mind that might influence their views.

These principles were set out in Banks v Goodfellow 1870, and although the law has been developed since then, the principles are the same.

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Lack of execution, knowledge and approval

Lack of valid execution

There is a legal presumption that a Will has been validly executed unless evidence can be provided to show the contrary. There are a number of requirements for a Will to be valid. These include:

The will must be in writing and signed by the testator (the person making the Will), or signed by someone in their presence under their direction.
It must appear the testator intended by their signature to give effect to the Will
The testator’s signature must be made or acknowledged in the presence of a minimum of two witnesses who are present at the same time.

Each witness must either attest and sign the Will, or must acknowledge the signature in the presence of the testator – although not necessarily in the presence of any other witness.
The choice of witnesses must satisfy the rules about who can and cannot witness a Will.

Lack of knowledge and approval

For the Will to be valid, the person making the Will must have knowledge of, and approve, its contents. You can challenge a Will on the basis of lack of knowledge – even if the Will appears to be executed properly, and even if you know the testator was of sound mind.

You would need to provide evidence that suggested the testator was not aware of the contents of the Will, or that there were some suspicious circumstances. An example might be if the Will contained a significant gift to someone who helped to prepare it.

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Fraud

Forged Wills

The Will can be contested if you believe it has been forged or some fraud has taken place. This might be the forging of a signature, for example.

If someone led the testator to believe that certain facts were true and this influenced the contents of their Will, this could be fraud. For example, if George tells Margaret that one of her children has stolen money from her, and as a result Margaret leaves the child out of the Will, the Will could be invalid as a result of George’s fraud.

Undue influence

You can challenge a Will if someone unduly influences, coerces, or puts under duress the person making the Will. There is no presumption that undue influence occurred just because someone in a position of trust receives assets from another person. You must show actual undue influence, where there must be no other reasonable theory to explain the terms of the Will.

Rectification and construction

Sometimes a Will is drafted up by a lawyer that does not properly carry out the testator’s intentions. This could be either because of an administrative error or because the person drawing up the Will does not understand the testator’s instructions. A claim for rectification or a claim regarding the construction of the Will can be made. If it is not successful, a claim for professional negligence against the lawyer may be appropriate.

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What is reasonable provision?

The Inheritance Act 1975

Challenges to Wills under the Inheritance (Provision for Family and Dependants) Act 1975 or the ’75 Act’ are becoming more common in England and Wales, with high-profile cases frequently making the national press. These disputes often spark controversy, particularly when individuals feel excluded or believe they haven’t received what they thought they would.

Certain people, like adult children, partners, or dependents, may have a legal right to claim if they can show they did not receive reasonable financial provision. This can happen even if your wishes for your estate are clear.

At April King Legal, we often see disputes start with Wills created without professional help. DIY Wills or those created without a proper understanding might overlook important legal risks, family dynamics, or the requirements of the 1975 Act.

Our expert lawyers can help you create Wills that fit your situation, offering clarity and reducing the chances of disputes. While not all claims succeed, certain situations—like financial dependence or complicated family arrangements—can strengthen a case.

That’s why having a specialist draft or review your Will is essential to protect your wishes. With over 33 years of experience helping clients in England and Wales, April King Legal is trusted by over 40,000 people to provide strong, forward-thinking advice.

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