What Is the Success Rate of Contesting a Will? (UK)

Contesting a will is something you can do if you believe the will does not reflect the wishes of your loved one, they did not freely make the will, or they did not have the required mental capacity at the time of making the will. You may also argue that the will does not make reasonable financial provision for you. There are several grounds for contesting a will and you will need to have proof to contest it.

Unfortunately, the complexity of cases in this area means that there are very few statistics about the success rate of contesting a will. UK newspaper The Guardian reported in 2024 that as many as 10,000 people in England and Wales dispute a will each year - but in 2021-22, only 195 disputes resulted in court appearances. While this is only a fraction, more were settled out of court, and this does not mean that your own chances of making a successful claim are slim. This depends entirely on your reason for issuing the legal challenge and the evidence you can provide.

It is difficult to determine your chances of success in contesting a will without knowing this information. A solicitor can give you a better idea of whether you are eligible to do so and help you navigate the difficulties of inheritance disputes. Read on to learn more about contesting wills and when to seek legal advice.

Please note: the information in this guide covers laws relating to England and Wales. For wills in Scotland, different regulations may apply.

What Percentage of Contested Wills Are Successful?

The success rate of contested wills varies, influenced by factors such as the strength of the evidence, the grounds for contesting, and the skill of the legal representation. In some cases, success rates can be high, especially when there are clear grounds for contesting, such as lack of capacity or undue influence.

It is important to note that many contested will cases are settled outside of court. These settlements can contribute to a higher perceived success rate, as they often result in favourable outcomes for the contesting party. JMW is skilled in negotiation and mediation, aiming to reach amicable settlements where possible, if that is what you wish to achieve.

What Are the Legal Grounds for Contesting a Will?

To challenge a will in England and Wales, you need valid legal grounds to do so. There are different reasons that people choose to contest a will many of which centre on the position of the testator - the person who wrote the will. Legal grounds for challenging the will include if the testator was not of sound mind, or if you can prove that they did not understand the contents of their will. This is common if the testator had an impairment, and put their trust in someone else to make sure their will was correct. This person may not have the best interests of the testator in mind, which means the will could be contested. The testator may also have had a “lack of testamentary capacity” to make a valid will that reflected their true feelings, which means that they were incapable of understanding the will or their extent of their estate.

Another common reason to contest a will is because of coercion or undue influence by another person named in the will. This could mean the will is changed to reflect this influence, and that the details will not be what you expected upon their death. While this is not easy to prove, it may be clear if someone who was not close to the testator was left with most of the estate. These cases are more common if the testator was a vulnerable person. It can be difficult to prove coercion, but this could be easier to contest if the will was changed unexpectedly or in suspicious circumstances. Alternatively, you may believe that the will was subject to forgery - that it was written by someone else, who then forged the deceased person’s signature. While it is difficult to prove a lack of testamentary capacity, undue influence or forgery, you must have proof in order to begin legal proceedings.

A simpler way to contest a will in England and Wales is to do so on the basis that the proper formalities were not followed to make it valid. This could mean that the will was not signed in the presence of two witnesses who are not named in the will. Contesting the validity of a will is more common if a solicitor did not assist in writing it. Contesting an invalid will would mean the rules of intestacy are applied if you were to be successful, unless your loved one has another earlier will. As such, it is important to consider the potential outcomes of this decision.

The success rate of contesting wills in England and Wales is brought down significantly by the number of claims that are launched without sufficient proof, or those which are not based on any legitimate grounds. The more proof you can gather, the higher your chances of successfully contesting a will. However, this can be difficult to do, especially if you are trying to evidence undue influence - something that is difficult to prove tangibly.

You have a higher chance of contesting a will when you use a specialist solicitor who is trained in contesting wills. They can let you know if you have reasonable proof to make a case before you contest a will, and inform you of your chances of success. You can read more about what happens when a will is contested to prepare for the challenging process, and then speak to a solicitor to determine whether you have a valid legal reason to challenge the will.

While it is not the same as contesting a will, you may be able to claim as a financial dependant of the deceased. This is available to close family members in cases where the will does not provide reasonable financial provision for them. The success rate of this process is generally higher, but must still be approached carefully to have the best odds of success.

Challenges in Contesting a Will

Contesting a will in the UK is a complex legal process, entailing several challenges that one must be prepared to face, especially when involving large estates or unclear provisions in the will. With a solicitor by your side, these difficulties become significantly easier to manage. However, even with expert legal advice to support you, it is important to know what to expect.

One of the primary challenges is ensuring that you have valid legal grounds to contest the will. These grounds can range from a lack of testamentary capacity and undue influence, to the will not being correctly executed.

Evidence must be compelling and robust, especially in cases where undue influence or testamentary capacity is in question. Often, this involves collecting detailed statements, medical records and witness testimonies.

Something you may also be considering is the emotional weight of contesting a will, especially when grieving the loss of a loved one. The process may strain family relationships and can be financially demanding.

These are all valid points to consider when deciding whether or not to begin the legal process. Your solicitor will talk you through these and listen to your concerns. When working with a solicitor, they will take the bulk of the legal responsibility from your shoulders, alleviating as much of the pressure as they can.

Is it Worth Contesting a Will? (UK)

There are a number of factors you should weigh up before firmly deciding to contest a will. Some of these are personal and unique to your situation, while others are related to the law and your financial means - for example, the need to pay court fees. When you call us, we will do our best to help you make the right decision for your circumstances.

Emotional Impact and Family Dynamics

Consider the emotional impact of contesting a will. Such actions can lead to family disputes and strained relationships. It is essential to evaluate whether the potential outcome is worth these emotional costs. While a will dispute may disrupt some aspects of your relationships, it may also provide others with the support they need.

Financial Implications

Contesting a will brings some financial costs, including legal fees and potential court costs. It is important to assess whether the potential benefits outweigh these expenses. Your solicitor can provide a breakdown of the predicted costs involved and can help by evaluating the financial feasibility of your case. You may also have legal expenses insurance that can cover some of these costs. Often, funds you secure through a successful inheritance dispute may help to pay your legal costs, or we may offer a no win, no fee arrangement.

The Strength of the Case

The likelihood of success depends on the strength of your case, including the availability and quality of evidence. One of the key reasons to speak to a solicitor before making any legal decisions is that they can help assess the merits of your case and provide a realistic outlook on the chances of success.

Alternatives to Litigation

It is also worth considering alternatives to court litigation, such as mediation or negotiation. These options can be less confrontational and more cost-effective.

Contesting a will is a decision that requires careful consideration of various factors. Your solicitor will be by your side to provide the necessary legal advice and support, and to help you make an informed decision on whether it is worth contesting a will in your unique circumstances.

How Long Do You Have to Contest a Will? (UK)

The time limit for contesting a will largely depends on the grounds for the contest. For instance, if you are contesting a will based on the Inheritance (Provision for Family and Dependants) Act 1975, you typically have six months from the date of the grant of probate to make a claim. In certain circumstances, the court may grant extensions beyond these standard time limits. However, these exceptions are not guaranteed and depend on the specifics of each case.

Acting swiftly is key in contesting a will. Delaying action can not only risk missing the legal deadline but also affect the evidence and the overall strength of your case. JMW encourages prompt consultations to assess and proceed with your case efficiently.