Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
Challenging the validity of a will, or making a claim against an estate on the grounds that you have not been adequately provided for, is an area of law that is sometimes misunderstood. People occasionally assume that if they were expecting to inherit something and have not, they have an automatic right to contest the will. That is not the case. There are specific legal grounds on which a will can be challenged, and understanding those grounds is the starting point for anyone considering this course of action.
Grounds for Challenging the Validity of a Will
A will can be challenged on several grounds. The most common is a lack of testamentary capacity. To make a valid will, the testator must have understood what a will is, what assets they owned, who might reasonably expect to benefit from their estate, and how the will distributes those assets. Where a testator was suffering from dementia or another condition affecting their mental functioning at the time the will was made, and where that condition was such that they did not meet these requirements, the will may be invalid. Establishing this requires medical evidence, usually from the deceased’s GP or treating clinician, together with any contemporaneous evidence about the testator’s condition.
A will can also be challenged on the grounds of undue influence, where someone exerted improper pressure on the testator that overrode their own free will in making the will. This is a difficult ground to establish because it requires proof that the testator’s will was truly overborne, rather than simply that they were influenced or persuaded. Suspicion of undue influence, or the fact that a will benefits someone who had a close relationship with the testator, is not in itself sufficient.
Fraud and forgery are less common grounds but do arise. A challenge on these grounds might allege that the testator was deceived into making the will on a false basis, or that the document itself or the signature on it is not genuine.
Finally, a will can be challenged on the grounds that it was not properly executed, meaning that it did not meet the formal requirements of section 9 of the Wills Act 1837. If the will was not signed in the presence of two independent witnesses who each witnessed the signature, it is invalid.
Claims Under the Inheritance Act
A separate type of claim, distinct from a challenge to the validity of the will, is a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows certain categories of person, including spouses and civil partners, former spouses in some circumstances, children of the deceased, and those who were maintained by or financially dependent on the deceased, to apply to the court for reasonable financial provision from the estate where the will or the intestacy rules fail to make it.
The standard of provision that the court will award depends on the relationship between the claimant and the deceased. A surviving spouse is entitled to reasonable financial provision judged by a broader standard than other claimants. Adult children can make claims but the threshold for success is higher, particularly where there is no established financial dependency.
Timescales and Practical Considerations
Claims under the Inheritance Act must be brought within six months of the date on which the grant of probate or letters of administration is issued. This is a strict time limit and it is important to seek legal advice promptly if you think you may have a claim. Challenges to the validity of a will are not subject to the same strict time limit, but delay in bringing such a challenge can cause practical difficulties, particularly if assets have already been distributed.
Will disputes are often expensive and distressing, and they can cause lasting damage to family relationships. Before embarking on litigation, it is worth considering whether there is a prospect of resolving the matter through negotiation or mediation. Many will disputes settle without the need for a court hearing, and the costs of doing so are significantly lower than contested litigation.
If you are in East Sussex and are considering whether to challenge a will or make a claim against an estate, or if you are an executor dealing with a challenge to a will you are administering, our dispute resolution team at Cramp and Mullaney can advise you on the merits of the position and the options available.
If you would like advice on making a will, lasting power of attorney, or any aspect of estate planning in East Sussex, Cramp & Mullaney LLP would be happy to help. We advise individuals and families across Eastbourne, Battle, Hastings, Bexhill, Lewes and the surrounding area from our offices at The White House, 97 South Street, Eastbourne, East Sussex, BN21 4LR and 42A High Street, Battle, East Sussex, TN33 0EA. Call our Eastbourne office on 01323 720581 or Battle on 01424 533222. We offer a fixed fee 30-minute initial consultation.
This article is for general information only and does not constitute legal advice. The law in this area can be complex and the right approach will depend on your individual circumstances. If you need specific advice, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
