Contesting a will in the UK can be overwhelming, especially when you’re dealing with grief, uncertainty and time pressure. One of the first things you probably want to know is how long does it take to contest a will in the UK?
Much depends on the nature of the contesting a will process itself, the deceased’s estate, the grounds for contesting and how quickly you can get your evidence together. This article will walk you through the key steps, time limits and what to expect if your case goes to court.
What Are the Grounds for Contesting a Will?
You can contest a will on several legal grounds. The most common grounds are:
- Lack of testamentary capacity: The person making the will didn’t have the mental capacity (or sound mind) to fully understand what they were doing.
- Undue influence: Someone exerted pressure or control over the testator.
- Invalid execution: The will wasn’t signed or witnessed in line with the law.
- Fraud or forgery: In rare cases a will may have been tampered with.
- Lack of reasonable financial provision: If a civil partner, spouse, child or family member wasn’t properly provided for they may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Should You Contest a Will? (Checklist)
Here are a few signs you may have a valid claim:
- You were financially dependent on the deceased but left out of the will
- A previous will named you, but the latest one doesn’t
- The will was changed shortly before death
- You suspect undue influence, coercion or confusion
- The will doesn’t reflect the true wishes or deceased’s intentions
How Long Does It Take to Contest a Will?
In simple cases where both parties are willing to resolve the issue early — perhaps through alternative dispute resolution such as mediation — the process can take between 6 to 12 months. This usually involves lodging a caveat to stop the grant of probate, gathering evidence such as medical records, witness statements or a previous will and working towards a negotiated settlement.
However more complex inheritance disputes can take much longer — sometimes 18 months or more. This is especially true if your claim involves challenging the validity of the will based on testamentary capacity or undue influence or if the matter goes to a final hearing in court. Court delays, backlogs at the probate registry or disputes between multiple family members can all contribute to a longer process.
The best way to avoid further delays is to act quickly, get early professional advice and make sure you have strong evidence in place. The more prepared you are the better your chances of making a successful claim without unnecessary setbacks.
What Are the Steps?
Here’s a breakdown:
Lodge a Caveat
This stops the probate process and gives you time to prepare your case.
Gather Supporting Evidence
Key documents include:
- Medical records to prove lack of testamentary capacity
- The previous will if terms were drastically changed
- Statements from family members or carers
- Financial records showing lack of financial provision
Negotiate or Mediate
In many cases a successful claim is settled outside of court. This avoids court fees and reduces stress.
Go to Court if Necessary
If no agreement is reached the case may go to a final hearing. This is more time-consuming and carries the risk of paying the losing party’s legal costs.
Real Life Scenarios
Example 1:
Mark was left out of his late mother’s will despite caring for her full-time. A new will made just weeks before her death left everything to a distant relative. Mark challenged it, citing lack of mental capacity and undue influence, and settled through mediation in 9 months.
Example 2:
A daughter discovered her father’s new will, written by a will writer she had never heard of, left out the entire family. Her claim took 18 months and went to court but the judge found the deceased had not understood the legal effect of the changes — so the will was partially reversed.
Emotional and Financial Considerations
Pursuing a dispute like this can be emotionally draining. Relationships with family members may become strained and legal battles aren’t cheap.
Costs can add up quickly if your case goes to court and if you lose you may have to pay the losing party’s legal fees. Always get professional advice early on and consider your emotional and financial readiness.
But some people feel strongly about standing up for what they believe to be the deceased’s true wishes. If the will feels unjust or suspicious you’re entitled to question it.
Time Limits You Should Know
Most claims under the Inheritance Act must be made within 6 months of the grant of probate. This tight deadline doesn’t apply to all challenges (such as those questioning the validity of the will) but the longer you wait the harder it will be to build a strong case.
Act quickly, gather your evidence and speak to a solicitor as soon as possible to avoid further delays.
Conclusion
Contesting a will is a big decision. But if you think something’s not right — maybe the will doesn’t reflect the true wishes of the person who died or someone close to you was unfairly left out — then it’s worth exploring your options.
By knowing the legal requirements, acting within the time limits and preparing strong supporting evidence you’ll be in the best position for a successful claim.
FAQs: Quick Answers to Common Questions
Is there a time limit for contesting a will?
Yes. Claims for reasonable financial provision must usually be made within 6 months of probate being granted.
Do I have to go to court to contest a will?
No. Many disputes are resolved through mediation or negotiation.I was left out of the will but I depended on the person financially?
You may be able to make a claim for financial provision if you’re a civil partner, child or dependent.
Was there a clerical error in the will?
Minor errors won’t invalidate a will but if they change the meaning or raise questions about the deceased’s intentions then it’s worth investigating.
Can a solicitor help me avoid court?
Yes. A solicitor can advise on strategy, review your evidence and explore alternative dispute resolution.