Contesting a Will

Are you considering challenging a will, but need to know if you have grounds to do so? Our team of experts will discuss your case with you and advise you on the legal position of your claim.

At Paradigm Wills and Legal Services, we can assist you in contentious probate with the best team of advisors at your side.

As the testator (the person writing a will), you need to be aware that a third party can challenge the will. As a beneficiary (a person named in the will), it is important to know the grounds under UK law for contesting a will. If you believe you have grounds to contest, we advise you to seek our expert legal advice as early as possible.

Here are some of the conditions which allow you to challenge the validity of a will:


The most common ground for contesting a will is the belief from the claimant that they should have been included as a beneficiary or that other beneficiaries have no right to be included. As a claimant, you would need to prove with a reasonable expectation that you belong in the will – either through a relationship with the deceased or evidence of a promise made by them. Suppose you were financially dependent upon the deceased during their life and feel like you haven’t been sufficiently provided for in the will. In that case, you may be able to make a claim under The Inheritance (Provision for Family & Dependants) Act 1975.

Lack of testamentary capacity:

For a will to be legally binding, the testator must know what they are signing and its implications. They should consider carefully who to include and how to distribute the estate (the possessions and assets.) You may have grounds for contesting a will if you believe the testator was not in a position to understand the legal implications regarding their potential beneficiaries and estate at the time of writing.

Undue influence:

You can also claim if you can prove that the testator was persuaded or coerced into making the will, resulting in naming a particular beneficiary or leaving out another.

Legitimacy of the will:

Similarly, you can challenge the will’s validity if you believe that the testator lacked testamentary capacity at the time of writing or signing. Rather than the testator’s ability to understand the concept, this refers to the physical act of making or signing the will. Examples include visual impairment, illiteracy, or language barriers leading to a breakdown in communication or comprehension.

Missing will:

If there is no will, the estate is distributed in line with the ‘rules of intestacy.’ These rules prioritise the next of kin relatives but tend to overlook cohabiting couples unless married or in a civil partnership. However, if you are a partner in such a relationship, you can still make a claim against the deceased’s estate, even if there is no will present.

Fraudulent wills:

You can also challenge a will if you have reason to believe that the testator did not genuinely make and/ or sign the will themselves. Cases of fraudulence include forgery of the testator’s signature, missing pages, and a difference in the margins or font to indicate that pages were replaced after the signing.

Professional negligence:

To proceed in a claim regarding professional negligence, you must believe that the testator received incorrect or inadequate legal advice from their advisor. However difficult, you must prove or disprove that the advice the practitioner provided to the testator failed to meet the standard of duty of care expected of them.

With our continued support, we free you from the burden of worry and provide you with peace of mind that your assets will be inherited by your loved ones when you are no longer here.

At Paradigm Wills and Legal Services, we genuinely care about educating people on the importance of making a will. In an industry often loaded with complex legal jargon and a conveyor-belt mentality, we provide a paradigm shift in how we offer our wills services. We aim to supply fresh ideas, clear and straightforward explanations, and a service tailored specifically to you. With you at the centre, we strive to make the will writing process as transparent as possible.

Contacting us is free. Have a consultation or a home visit with one of our experts and discuss your options with no obligation.

Our experienced legal advisors are on hand to provide you with all the advice you need with writing a Will, guidance on establishing a trust, help with applying for probate, and arranging prepaid funeral plans.

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