Can I Challenge an Unfair Will?

Sometimes yes, sometimes no. "Unfair" isn't enough on its own to challenge a will. You need specific legal grounds, and even then, success isn't guaranteed.

Discovering you've been left out of a will — or left less than expected — is painful. But before taking action, you need to understand what's actually challengeable and what's just disappointing.

Can You Actually Challenge?

You Probably CAN Challenge If:

• The will wasn't properly signed and witnessed
• The person lacked mental capacity when making it
• Someone pressured or unduly influenced them
• The will was forged or fraudulent
• You're a spouse, child, or dependant who wasn't adequately provided for

You Probably CAN'T Challenge Just Because:

• You think it's unfair
• You expected more
• Someone else got more than you
• The person changed their mind
• You don't like who inherited

People have the right to leave their estate to whoever they choose. Being left out, even as a close relative, isn't automatically grounds for challenge.

Grounds for Challenge

1. Lack of Valid Execution

The will wasn't properly made:

• Not signed by the testator
• Not witnessed by two people
• Witnesses weren't present together
• Beneficiary witnessed (they lose their gift, not the whole will)

2. Lack of Testamentary Capacity

The person didn't understand what they were doing:

• Didn't know they were making a will
• Didn't know what they owned
• Didn't understand who might expect to inherit
• Suffering from delusions affecting the will

Dementia doesn't automatically mean lack of capacity — many people with early dementia can still make valid wills.

3. Lack of Knowledge and Approval

The person didn't know or approve the will's contents:

• Didn't read it before signing
• Didn't understand what it said
• Was tricked about the contents

4. Undue Influence

Someone pressured them into making the will:

• Coercion, not just persuasion
• Overpowered their free will
• Very difficult to prove

Note: Simply persuading someone ("You should leave me more") isn't undue influence. It must be actual coercion or manipulation.

5. Fraud or Forgery

• Will was forged
• Signature was faked
• Will was substituted

6. Inheritance Act Claim (Different from Above)

This isn't challenging the will's validity — it's claiming you weren't left "reasonable financial provision." Available to:

• Spouse or civil partner
• Former spouse (if not remarried)
• Cohabitant (2+ years)
• Child (including adult children)
• Person treated as child of family
• Anyone financially dependent

Inheritance Act Claims in Detail

What You're Asking For

Not to overturn the will, but for the court to vary it to give you "reasonable financial provision."

What "Reasonable" Means

• For spouse: What you'd get on divorce — could be substantial
• For everyone else: Maintenance — what you need to live on

Factors the Court Considers

• Your financial resources and needs
• Other beneficiaries' resources and needs
• Obligations the deceased had to you
• The size of the estate
• Any disability you have
• Your conduct and the deceased's reasons

Time Limit

6 months from grant of probate. Miss this and you need court permission, which is rarely given without very good reason.

Costs and Risks

Financial Costs

• Legal fees: £5,000-50,000+ depending on complexity
• Court fees
• Expert witnesses (capacity cases)
• If you lose, may pay the other side's costs too

Emotional Costs

• Family relationships permanently damaged
• Stressful process lasting months or years
• Private family matters become public
• The deceased's wishes and reasons examined

Success Is Not Guaranteed

• Many claims fail
• Adult children claims have low success rate
• Even winning may not get you what you hoped

Before Taking Action

Get Professional Advice

Many solicitors offer free initial consultations. Get honest advice on:

• Whether you have grounds
• Likelihood of success
• Realistic outcome if you win
• Costs and risks

Consider Alternatives

• Talk to the executors: They may agree to variation without court
• Mediation: Cheaper than litigation
• Deed of variation: Beneficiaries can agree to change distribution

Act Quickly

Time limits are strict:

• Inheritance Act: 6 months from probate
• Challenge to validity: No strict limit but don't delay
• Enter a "caveat" to prevent probate while you investigate

Evidence to Gather

• Copies of the will and any previous wills
• Medical records (capacity cases)
• Correspondence with the deceased
• Witness statements about their state of mind
• Evidence of your financial position
• Evidence of your relationship with deceased

The Old Way vs Our Way

The Old Way	Our Way
Assume "unfair" means you can challenge	Understand specific legal grounds required
Rush to lawyers in anger	Get objective advice first
Litigation at any cost	Consider costs, risks, and alternatives
Family at war	Explore mediation and agreement