Hero Background Image

Challenging a Will

If you think something isn’t quite right about a Will, you may have grounds to challenge it. It is important to seek professional legal advice as soon as possible so that you can explore all options potentially available to you.

On this page:

    Do I have grounds to challenge a Will?

    The following are examples of when you may have grounds to challenge the terms of a Will:

    • You have not been provided for in the Will in the way you expected or need, and as such might be able to make a claim under the Inheritance Act
    • The deceased lacked mental capacity when he / she / they made their Will
    • The Will was not properly executed, such as not properly signed or witnessed
    • The deceased made his / her / their Will under the undue influence of another person
    • The Will has been forged or fraudulently created
    • The deceased promised you an interest in land or other provision on their death, you acted to your financial detriment on the basis of the promise, which the deceased knew, but then did not include this legacy in his / her / their Will (promissory/proprietary estoppel)
    • The deceased made a Will leaving a testamentary gift to his / her / their child, but then advanced all or part of this gift to them in their lifetime without amending his / her / their Will accordingly 

    How do I challenge a Will?

    This depends on the reasons for your challenge as well as any evidence you may have in support of your claim.

    You may actually have more than one potential claim(s) which, when put together, could help improve your chances at a satisfactory resolution.

    The sooner you contact your solicitor to explore your options, the better equipped you will be to make your claim, and the less likely it is that you will miss any important deadlines.

    Challenging a Will – frequently asked questions

    If you intend to challenge the validity of a Will, whilst there are no time limits if the estate has been distributed by the time you claim, there may be no assets available to receive if you are successful. It is also much more difficult to obtain the evidence a court will need as time progresses, as paperwork is not stored indefinitely.

    However, other types of claims, such as claims under the Inheritance Act, have a time limit to commence within 6 months from the date the Grant was issued (subject to certain exceptions).

    Time limits for certain types of claims are governed by the Limitation Act 1980 s22, which is not entirely clear but states:

    (a)no action in respect of any claim to the personal estate of a deceased person or to any share or interest in any such estate (whether under a will or on intestacy) shall be brought after the expiration of twelve years from the date on which the right to receive the share or interest accrued; and

    (b)no action to recover arrears of interest in respect of any legacy or damage in respect of such arrears shall be brought after the expiration of six years from the date on which the interest became due.

    Contact us as soon as you can so that you can find out as soon as possible whether you have a claim.

    ‘Estoppel’ is a legal principle that person A should not go back on a promise they have made to person B, when Person B has relied on that promise and acted to their detriment as a result.

    Proprietary estoppel can arise in the context of a Will where the deceased promised they would leave an interest in land to Person B in their Will but then the deceased either did not include the gift in their Will, or did not make a Will and the rules of intestacy do not provide for that gift.

    Promissory Estoppel is similar but where it is not an interest in land, but perhaps a share of the estate or another asset.

    The requirements for such a claim are:

    1. An assurance by the deceased, that is unambiguous and sufficiently clear, that the interest in land would be given to person B by person A
    2. Person B relied on the assurance given by the deceased
    3. Person B, as a result of the reliance on that assurance, acted to their detriment. For example, they might have agreed to work for the deceased at lower pay or ceased other employment in order to care for the deceased.
    4. Person A was aware person B acted to their detriment upon the reliance on the promise

    If you think this may apply to you, it is important to act quickly and obtain professional legal advice. If you do not pursue a potential promissory/proprietary estoppel claim at the point that it arises, you may lose your opportunity. Over time, it may be harder to gather compelling evidence, it may be harder to prove the detriment suffered, and the estate may have been distributed making the assets in question harder to ascertain, locate and retrieve.

    Your key contacts:
    ...
    Claire Martin
    Partner  Head of Private Client

    Tel:02072280017

    ...
    Prue Abrahams
    Senior Associate Private Client

    Tel:02072280017

    ...
    Samantha Fennah
    Associate  Private Client

    Tel:02072280017

    ...
    Samuel Ha
    Solicitor Private Client

    Tel:02072280017

    ...
    Clara Topiol
    Trainee Solicitor Private Client

    Tel:02072280017

    ...
    Marnie Stubbs
    Trainee Solicitor Private Client

    Tel:02072280017

    Related News & Insights
    Browse through the latest industry insights, firmwide updates and upcoming event invitations from our team of experts.
    Send us a message

    For any enquiries, please call +44 20 7228 0017 or contact our team via the form below.

    "*" indicates required fields

    This website is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply
    If you would like to provide your preferred pronouns or any reasonable adjustments we should be aware of, please do so in the message box above.
    This field is for validation purposes and should be left unchanged.
    What our clients say about
    Google Reviews
    Firmwide

    Highly recommended. Took all of the strain and stress during conveyancing and explained everything clearly and concisely.

    Legal 500
    Family & Divorce

    Over the period I found you to be professional, assured, confident and well-prepared dealing with the technical and complex. Sometimes issues were almost forensic. This was complimented by your ability to understand the personal anxiety that a client experiences as the process takes different directions and help with an empathetic approach which was much valued.

    Legal 500
    Family & Divorce

    Your great patience was much appreciated, your lovely approach to people made me feel like a friend rather than a client- that makes the trauma of divorce easier to get through. Thank you again for everything.

    Legal 500
    Child Care

    Despite your busy work schedule, you always made our case at the top of your priority list, you kept us calm and soothed our fears. Without your wonderful advice and your firm’s legal experience, we would not have the outcome we had. I would not hesitate to recommend your firm to anyone who needs a brilliant solicitor.

    Legal 500
    Family & Divorce

    A MASSIVE THANK YOU for your support, you were an angel. I really appreciate that and owe you a debt of gratitude.

    Legal 500
    Child Care

    I will never forget the feeling when I heard the outcome of the court ordering my children to be returned home. I cannot thank you enough for your assistance. Your legal expertise, professionalism and attention to detail went above and beyond my expectations throughout the course of my case. It was a pleasure doing business with you.

    Legal 500
    Child Abduction

    I just wanted to thank you for all the time, effort and meticulous attention to detail regarding my case over the past year or so.  You are always prepared to go the extra mile, working long hours and your ability to recall the smallest and often most significant details amongst a wealth of facts in my highly complex case never ceases to amaze me.  I appreciate all you have done and the manner in which you conducted my case and liaised with me throughout. It was very reassuring to have you on my side.  I do not know what I would have done without you.

    Direct
    Employment for businesses

    We are a multinational company and we have a subsidiary in the UK. The legal matters entrusted to Hanne&Co have always been resolved quickly, and explained very clearly.

    Direct
    Employment for businesses

    An efficient customer concentric business who are very halepful if you need legal advice or employment law training for your teams.