Last Updated on September 30, 2026 by tanya

Can You Challenge a Will if You’re Already a Beneficiary?

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings more than 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Contesting a Will if It Already Leaves You Something

Being named as a beneficiary in a will does not necessarily mean you have to accept the inheritance you have been given. So can you challenge a will if you’re already a beneficiary? This is a fairly common question and you may be able to contest a will depending on the reason for the dispute and the circumstances surrounding the estate.

For example, someone might have been left £20,000 but believe they should have received considerably more, or believe another beneficiary was improperly included. Alternatively, there may be concern that the will itself is invalid, the executor is not administering the estate properly, or the wording of the will does not mean what another beneficiary claims.

These would all fall under different grounds to raise a will dispute. Challenging the validity of a will or making a claim for reasonable financial provision are quite different and it’s advisable to speak to a solicitor experienced in contentious probate.

 

Possible grounds when a beneficiary may challenge a will?

Being a beneficiary does not automatically prevent you from challenging a will, so yes this is possible. However, the important question is what you are challenging and why?

Below are four different considerations which each follow a different legal route:

 

• Challenging the validity of the will
• Challenging the administration of the estate
• Making a claim for reasonable financial provision
• Disputing the interpretation of the will.

 

1. Challenging the validity of the will

You may be in a position to challenge the validity of a will if you have evidence that something went wrong when the deceased made it.

For example, you may believe that:

 

• The deceased did not have the necessary testamentary capacity
• They did not understand or approve the contents of the will
• Someone exerted undue influence over them
• The will was not properly executed
• The will was affected by fraud
• A later will exists and should take precedence.

Capacity is particularly important where the deceased had significant cognitive difficulties when making the will. HMRC guidance says the person making the will must understand that the will takes effect on death, understand how their estate will be distributed, remember the property they are disposing of and understand the claims that may be made on them.

For example:

You do not necessarily have to have been excluded from the will to raise such a challenge. You could be left £10,000 under a later will, but believe an earlier will was validly made when the deceased had capacity.

 

2. Challenging the administration of the estate

Sometimes the will may be valid, but you may believe the executor is failing to administer the estate properly.

Essentially, an executor has responsibility for dealing with the deceased’s money, property and possessions during the administration period. This can include paying debts, selling assets, dealing with tax and then to finalise, distributing the estate to the beneficiaries.

For example:

Problems may possibly arise if an executor:

 

• Refuses to provide information about the estate
• Delays distributing an inheritance
• Fails to identify or value assets properly
• Sells property or other assets without properly accounting for the proceeds
• Pays an incorrect amount to beneficiaries
• Appears to favour one beneficiary
• Fails to follow the terms of the will.

In such a situation, you may have no dispute with the will itself, but still have grounds to challenge the way the executor is dealing with the estate.

 

3. Making a claim for reasonable financial provision

Another possibility is an Inheritance (Provision for Family and Dependants) Act 1975 claim. It’s important to understand that this is different from arguing that the will may be invalid.

The 1975 Act allows certain people to apply to the court where the deceased’s will, the intestacy rules, or a combination of the two does not make reasonable financial provision for them. The legislation includes spouses and civil partners, children and others who were being maintained by the deceased.

This can be especially relevant where someone believes the inheritance they received is inadequate.

For example:

Imagine a daughter receives £5,000 under her mother’s will, while another family member receives the bulk of the estate. If the daughter believes the provision made for her is inadequate, she may need to consider whether she has a claim under the 1975 Act rather than trying to prove that the will itself is invalid.

However, not every beneficiary can make a 1975 Act claim simply because they believe they deserved more. Eligibility and the circumstances of the deceased’s estate and the claimant’s relationship with them are important.

 

4. Disputing what the will means

Sometimes everyone agrees that the will is genuine and valid, but they disagree about what it means. Or it may also be unclear or ambiguous due to the wording.

For example:

A will might say ‘my children’ but the testator may also have a stepchild – so is that child included?

This type of dispute is different from challenging the validity of the will. The question is not necessarily whether the deceased was capable of making the will or whether they were influenced or coerced in some way. Instead, the issue is how the wording should be interpreted.

That distinction can be particularly important where different beneficiaries have very different interpretations of the same clause.

 

Can you challenge another beneficiary’s inheritance?

Potentially you can challenge another’s inheritance, but you need to identify the legal basis for doing so.

You might believe another beneficiary was improperly included because the will was made when the deceased lacked testamentary capacity or because someone exerted undue influence.

Alternatively, you might believe the other beneficiary has received too much because the executor has misinterpreted the will or administered the estate incorrectly.

Simply believing that another beneficiary deserved less is not, by itself, necessarily enough to overturn their inheritance. You have to be able to show grounds for doing so and the true intent of the testator.

 

Is it possible to challenge a will after probate?

Possibly, although the timing and nature of the dispute matter. Some claims have strict time limits (Inheritance Act claims), while if distribution of assets has taken place, it becomes difficult to recover them.

If you believe there is a problem with a will or with someone’s application for probate, it is advisable to take action early and a solicitor can help you to enter a caveat before probate is granted. A caveat can prevent a grant of probate from being issued while a dispute is addressed.

If probate has already been granted, a different procedure may be required. The appropriate route depends on the nature of the dispute and the evidence available.

 

What should you do next if you are unhappy with your inheritance?

Start by asking yourself what you are actually disputing, such as do you believe:

 

The will itself is invalid?

An executor is administering the estate incorrectly?

There’s not enough reasonable financial provision for me?

I disagree with another person’s interpretation of the will?

 

These questions matter because each situation can involve different legal arguments, evidence and procedures. You should also obtain and carefully review the will, any codicils and relevant information about the estate before deciding what action to take.

We partner with experienced contentious probate solicitors who offer a free, initial consultation to assess your potential claim.

 

FAQs Can a beneficiary challenge a will?

Can I challenge a will if I have already received an inheritance?

Possibly, receiving an inheritance does not automatically prevent you from challenging the will or making another type of claim against the estate. The reason for your challenge will determine what legal route may be available.

Can I challenge a will because another beneficiary received more?

Not simply because you believe the distribution is unfair. You may be able to contest a will if there is a legal basis for challenging the will, disputing its interpretation, challenging the administration of the estate or seeking reasonable financial provision.

Can I challenge a will if I think the executor is acting unfairly?

Potentially, if you have an issue which may concern the administration of the estate rather than the validity of the will. Executors have legal responsibilities when dealing with estate assets and distributing them to beneficiaries.

Can I challenge a will if I think someone influenced the deceased?

You may be able to as undue influence is one of the grounds that can be raised in a probate dispute, but you would need strong evidence supporting the allegation.

What if I think my inheritance is not enough?

Depending on your relationship with the deceased and your circumstances, you may need to consider whether you have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 rather than challenge the validity of the will itself.

 

Next steps

A beneficiary can potentially dispute the validity or interpretation of a will, challenge the way an executor has administered and estate or even seek further financial provision under the Inheritance Act.

However, it’s advisable to start any will dispute as early as possible as there may be time limits, or if probate is granted, assets may be distributed.

We partner with experienced contentious probate lawyers who also offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.

To arrange your free consultation:

📞 Call us now on 0333 358 2345 📧 Or contact us online and we’ll call you back.

 

Disclaimer

This guide provides general information on contentious probate in England and Wales. It is not legal advice. For personalised guidance, please speak to a qualified solicitor.