Last Updated on July 10, 2026 by tanya

Estranged Relatives 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

 

Can a Long-Lost Relative Dispute a Will in England and Wales?

When a loved one dies and estranged relatives suddenly appear to challenge the will, it can cause emotional upheaval among family members. This situation is becoming more common in contentious probate claims in England and Wales. Families often expect the probate process to bring closure. However, a long-lost relative may reappear and attempt to claim an inheritance, question whether a will is valid or want financial provision from the estate.

But the key questions are when can an estranged relative legally challenge a will and what reasons can they rely on? We explain these often asked queries in more detail below.

 

Why Do Estranged Relatives Challenge a Will After Someone Dies?

An estranged relative does not automatically have a right to inherit simply because they are related to the deceased.

In England and Wales, a person can generally leave their estate to whoever they choose. This means a parent can exclude an adult child, a sibling can leave nothing to another sibling, and a person can favour friends, charities, or other relatives.

However, estranged relatives may still bring a contentious probate claim if they believe there are legal grounds to challenge the will or make a claim against the estate.

Common reasons include:

• The relative believes the will is invalid.
• They suspect the deceased was pressured or influenced when making the will.
• They argue the deceased lacked mental capacity.
• They claim they were financially dependent on the deceased.
• They believe they were unfairly excluded and seek reasonable financial provision.

The relative is required to identify a recognised legal basis for their claim.

 

How Can an Estranged Relative Challenge a Will?

There are several routes an estranged family member may take.

1. Challenging the Validity of the Will

An estranged relative may argue that the will should not be accepted because it does not meet legal requirements.

For example, they might claim:

• The deceased did not properly sign or witness the will.
• The deceased did not understand what they were signing.
• Another person influenced the deceased’s decisions.

Example:

A daughter has no contact with her father for 15 years. After his death, she discovers that he left his entire estate to a neighbour. She believes her father was suffering from dementia when he changed his will shortly before his death. She may challenge the will by arguing that he lacked testamentary capacity.

The court would focus on evidence such as medical records, witness statements, and the circumstances surrounding the will signing.

 

2. Alleging Undue Influence

Undue influence occurs when someone pressures or manipulates a person into making a will that does not reflect their true wishes.

Estranged relatives sometimes raise this argument when they believe another person became close to the deceased shortly before death and have benefitted as a result.

Example:

A son loses contact with his mother for many years. Shortly before her death, a carer becomes the main beneficiary under her new will. The son believes the carer persuaded his mother to change her will against her wishes.

To succeed, the son would need evidence showing improper influence rather than simply an unfair outcome.

 

3. Making an Inheritance Act Claim

Some estranged relatives do not challenge the will itself. Instead, they may bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

This allows certain family members and dependants to ask the court for reasonable financial provision from the estate.

A claim may be possible if the deceased failed to make adequate financial provision for them.

Potential claimants may include:

 

• Children of the deceased, including adult children.
• Spouses or civil partners.
• Former spouses in certain circumstances.
• People who were financially maintained by the deceased.

Example:

A father leaves everything to his new partner and excludes his adult son, who has a disability and relied on regular financial support from him before his death. Even though the son was estranged from his father, he may still explore whether he can claim reasonable financial provision under the Inheritance Act 1975.

The court will consider factors such as the claimant’s financial needs, the size of the estate, the deceased’s obligations, and the reasons behind the will.

 

Why Do Estranged Relatives Often Appear After Death?

Several factors can trigger a dispute after a death:

They discover they were excluded from the will

Some relatives only learn about their exclusion once probate begins or when beneficiaries contact them.

They believe they were treated unfairly

A relative may feel that years of family conflict, divorce, remarriage, or disagreements affected the deceased’s decisions unfairly.

They suspect manipulation

A sudden change in beneficiaries, particularly late in life, can raise concerns.

They want information about the estate

Sometimes a relative may initially seeks information, but later considers making a claim once they understand the value of the estate.

 

Can an Estranged Relative Stop Probate?

A person who believes there is a genuine dispute may apply for a caveat to prevent a grant of probate from being issued.

A caveat does not prove that the will is invalid. Rather, it is a way for the person to have additional time to investigate concerns and potentially bring a claim.

However, caveats should not be used simply to delay administration of an estate without proper grounds.

Executors and beneficiaries can take steps to challenge an improper caveat and move the probate process forward.

 

How Can Executors Protect an Estate from Late Claims?

Executors dealing with an unexpected challenge from an estranged relative should:

 

• Obtain legal advice quickly.
• Keep detailed records of estate administration.
• Avoid making unnecessary distributions before resolving disputes.
• Preserve evidence about the deceased’s wishes and circumstances.
• Consider whether mediation could resolve the dispute.  Mediation can save considerable court costs.

 

FAQs: Estranged Relatives Challenge A Will

Can an estranged or long-lost relative challenge a will? Yes. Estrangement does not prevent a challenge if the person has legal standing or qualifies to claim under the Inheritance Act.

What does “standing” mean in contentious probate? Standing means having the legal right to bring a claim, such as being entitled under intestacy, an earlier will, or the Inheritance Act.

Does estrangement prevent an Inheritance Act claim? No. Estranged relatives can still claim. Courts consider estrangement as one factor when deciding whether reasonable financial provision is needed.

How do courts assess claims by estranged adult children? Courts consider financial need, the relationship history, attempts to reconnect and reconcile and the reasons for the estrangement.

Does the length of estrangement affect a claim? Yes. Courts consider how long and why the estrangement occurred, but it does not automatically prevent a claim.

What evidence do courts consider? Courts may review messages, letters, social media, witness evidence, financial records, and attempts at reconciliation.

How are undue influence claims by estranged relatives handled? Courts examine the circumstances around the will. Estrangement alone is not evidence of undue influence.

Does financial need matter? Yes. Financial circumstances are especially important in Inheritance Act claims.

Can an estranged stepchild claim? Possibly. Stepchildren may qualify if they were treated as a child of the family or financially supported by the deceased.

How are competing claims from other dependants considered? Courts balance all claims, including those of spouses, partners, and dependent children.

 

What To Do Next if Estranged Relatives are Challenging a Will

An estranged relative can reappear after someone’s death and challenge a will. However, they cannot overturn an inheritance decision simply because they feel disappointed or excluded.

They must rely on a legal argument, such as proving the will is invalid, alleging undue influence, or seeking reasonable financial provision under the Inheritance Act.

Every case depends on its own facts, including the history of the relationship, the deceased’s intentions, the wording of the will, and the evidence available.

If an estranged family member has raised concerns about a will, or if you are an executor facing an unexpected probate dispute, obtaining specialist contentious probate advice early can help resolve the matter efficiently.

We work with experienced contentious probate law firms that offer a range of funding options, including ‘No Win, No Fee’ arrangements and other flexible fee structures. They also provide a free, initial consultation to assess your situation, giving you a clearer understanding of your position before deciding on next steps.

📞 Call us at 0333 358 2345 or contact us online to arrange your free consultation.