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Easy Checklist to Challenge a Will
Last Updated on April 22, 2026 by tanya
Easy Checklist to Challenge a Will
About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.
Written by Tanya Waterworth, Digital Content Writer
Dispute a Will in 9 Easy Steps
If something feels wrong about a loved one’s will and you want to take action, here’s an easy checklist to challenge a will. Contesting a will is never an easy step, but when something feels unfair or improper, taking prompt legal action can protect your rights and secure the inheritance you deserve.
So, if you believe a loved one’s will does not reflect their true wishes, you may feel overwhelmed about where to begin. That’s where a practical, actionable checklist becomes invaluable. Our guide breaks down the essential steps for challenging a will in England and Wales and explains exactly what a contentious probate claim involves.
We partner with highly experienced contentious probate solicitors who can help, so contact our team today for your next step.
What Does “Challenging a Will” Mean?
Challenging a will means legally disputing the validity of a will or questioning how an estate is being administered. The aim is to protect your rightful share of the estate or ensure the deceased’s true intentions are followed. You can challenge a will before or after probate is granted – but the earlier you act, the better your chances of success. This is because it is a specialised area of law, and acting quickly is crucial because strict time limits apply to several types of claims.
What Is a Contentious Probate Claim?
A contentious probate claim refers to any dispute relating to the administration of a deceased person’s estate. These disputes generally arise when someone questions whether:
- The will is valid
- The executors are acting properly
- The estate is being distributed correctly
- A person should have received more financial provision
A contentious probate claim can involve challenging the will itself or challenging how the estate is handled.
A Complete Checklist to Challenge a Will
Below is a step-by-step checklist you need to go through before getting started. Each step is designed to help you understand the evidence, legal grounds, and key actions that make or break a claim.
1. Confirm Your Legal Standing (“Locus Standi”)
You can only challenge a will if you have a legal interest in the estate. This includes:
- A beneficiary named in the current or previous will
- A family member who would inherit under intestacy rules
- Someone financially dependent on the deceased
- A creditor owed money by the estate
Before starting a claim, confirm that you fall into one of these categories. Without legal standing, a court will reject your challenge immediately.
2. Obtain the Latest Copy of the Will
Secure a copy of the most recent will as soon as possible. If probate has not yet been granted, the executor must supply a copy upon request. If probate has already been granted, you can download the will from the government’s probate search service.
Reviewing the will early helps you identify inconsistencies, unusual changes, or suspicious amendments.
3. Assess the Legal Grounds for Challenging the Will
You cannot challenge a will simply because it feels unfair. The law requires specific legal grounds. The main recognised grounds include:
Lack of testamentary capacity
The deceased must have understood:
- What a will is
- The extent of their estate
- Who might expect to benefit
If illness, dementia, or cognitive decline were present at the time of signing, capacity becomes a critical issue.
Lack of knowledge and approval
Even if the deceased had capacity, did they genuinely understand what they were signing?
Undue influence or coercion
Did someone pressure, threaten, manipulate, or isolate the deceased to influence the will’s contents?
Fraud or forgery
Were signatures forged or documents altered?
Failure to comply with formalities
A will must be:
Any breach can invalidate the entire will.
Rectification claims
If the will contains mistakes due to a drafting error, you can ask the court to correct it.
Inheritance (Provision for Family and Dependants) Act 1975 claims
If the will leaves you without reasonable financial provision, you may claim under the 1975 Inheritance Act – even if the will is valid.
Identifying the right legal ground strengthens your claim and improves your chances of success.
4. Secure a “Caveat” to Pause Probate
If you need time to investigate, entering a caveat at the Probate Registry temporarily stops probate from being granted. This prevents the estate from being distributed before your challenge is heard.
A caveat lasts for six months and can be renewed. It is a crucial early step because once the estate assets are distributed, recovering them becomes more complicated and costly.
5. Gather Evidence Early and Thoroughly
Successful claims depend on strong evidence. Therefore, start collecting:
- Medical records showing health or cognitive decline
- Emails, texts, or letters showing pressure or unusual behaviour
- Witness statements
- Previous wills or drafts
- Handwriting or signature comparisons
- Records from solicitors or will-writers
- Financial statements showing suspicious transactions
The more detailed your evidence, the stronger your case becomes.
6. Review Executor Conduct
Executors have legal duties to administer the estate fairly. You can challenge executor misconduct if you see:
- Delays without good reason
- Withholding information
- Mismanagement of assets
- Conflicts of interest
- Breach of fiduciary duties
Sometimes, the dispute is not about the will but about how executors behave. Courts can remove or replace executors when necessary.
7. Understand Time Limits
Different challenges have different deadlines. Here are some common examples:
- Fraud and forgery: no time limit
- Challenges to validity: usually possible before probate
- 1975 Act claims: six months from the grant of probate
- Rectification claims: six months
Missing a deadline can end your claim before it starts, so take legal advice from a specialist contentious probate solicitor as early as possible.
8. Attempt Mediation Before Litigation
The courts strongly encourage mediation in contentious probate disputes. Mediation has an impact on:
- Reduces cost
- Offers privacy
- Preserves family relationships
- Provides quicker outcomes
Most disputes settle at this stage because probate litigation can be lengthy and expensive.
9. Prepare for Court if Mediation Fails
If settlement is impossible, the final step is to issue a contentious probate claim in court. Your solicitor will prepare:
- A formal claim
- Your evidence bundle
- Witness statements
- Expert medical or handwriting reports if necessary
Courts examine the evidence and decide whether to uphold or reject the will, revoke probate, or adjust the estate distribution.
Why People Commonly Challenge Wills
Disputes typically arise because of:
- Second marriages and blended families
- Estrangement or family disputes
- Sudden changes to a long-standing will
- Vulnerability due to illness
- Suspicious influence from new acquaintances or carers
- Hidden assets or poor executor behaviour
How a Contentious Probate Solicitor Helps You
Contentious probate law is complex and your specialist solicitors will be important when it comes to:
- Reviewing evidence
- Advising on the best type of claim
- Entering caveats
- Negotiating settlements
- Using expert witnesses
- Preparing court documents
- Protecting your inheritance rights
Expert guidance often leads to a faster, more favourable outcome.
Get in Touch if a Will Feels Wrong
If you believe something is wrong, act quickly, gather evidence, and follow the checklist above. Understanding what a contentious probate claim involves helps you to take the next step today.
Our partner panel of contentious probate solicitors offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.
Call us at 0333 358 2345 or contact us online and we will call you back.