When families don’t agree: What happens when relatives contest a will?

When someone dies, families often expect the hardest part to be the grief. What people don’t anticipate is how uncertainty, confusion or disagreement about a Will can add another layer of strain.   Disputes over inheritance are rarely just about money. They’re often about relationships, expectations and a sense of fairness – all at a time when emotions are already heightened.

Why do families contest Wills?

In today’s society, disagreements about Wills can arise more easily, particularly as family structures have become more complex. Blended families, second marriages, children from previous relationships and other factors such as rising property values can all complicate how estates (the money, property and possessions left behind) are perceived and divided.   In some cases, the Will itself may not reflect what relatives expected. In others, the instructions may be unclear, outdated or poorly drafted. Where there is uncertainty, there is also room for disagreement, suspicion or hurt feelings to take hold – and this can put executors (the people appointed to carry out the instructions and distribute the assets) in the difficult position of managing conflict while trying to honour the deceased person’s wishes.   Many families are surprised by what can and cannot happen after someone has died, particularly around whether changes can be made at a later date. From our extensive experience in supporting families through these situations, disputes often arise not because someone wants to challenge a person’s wishes, but because those wishes were never clearly understood in the first place.   That’s why early legal advice is so important. Understanding whether a claim is going to be realistic can help families avoid unnecessary conflict and cost. In many cases, disputes are resolved without court proceedings, through negotiation or mediation.  

When can a Will be legally contested?

Not every disagreement gives rise to a valid legal challenge. English law sets out specific grounds on which a Will can be contested, and understanding these early can help manage expectations.   The most common legal grounds include:  

●         Lack of capacity - where there are concerns that the person making the Will did not fully understand what they were doing at the time.

●         Undue influence - where someone may have been pressured or manipulated into making certain decisions.

●         Incorrect execution - where the Will does not meet the formal legal requirements to be valid.

●         Lack of reasonable provision - where certain family members or dependants believe they were not adequately provided for.

Each of these situations requires careful assessment.

When should you seek legal support?

If you’re concerned about a Will, acting early can prevent issues from becoming deep-rooted. Whether you’re a beneficiary, executor or family member, understanding your position sooner rather than later can help avoid strained relationships. Legal advice doesn’t have to mean confrontation – it’s about gaining clarity, reassurance and a realistic understanding of options available.  

By seeking early legal advice, you can determine:  

●         whether there are legal grounds to challenge the will

●         what the time limits are – this can be critical

●         your own role and responsibilities  

Simply taking this step can bring the reassurance you need and prevent matters from escalating.  

Before deciding to take any legal action, you could raise concerns informally or through correspondence by:  

●         telling the executors about your concerns

●         addressing matters through solicitor-to-solicitor letters

●         sharing information between the parties involved about how the Will was made   

Where there is ongoing disagreement, there are still other options available before initiating court proceedings.  

These include:  

●         Mediation, which is incredibly common in contentious matters of probate

●         Negotiation between the various people affected

●         Agreeing upon certain settlements or variations from the original Will

●         Entering a caveat to prevent a grant of probate (the right to administer an estate)

A caveat is a formal notice lodged with the Probate Registry. It temporarily prevents the grant of probate from being issued, but without making the

Will invalid. However, a caveat does not decide the dispute: it is simply a pause in the process, allowing the parties to exchange information, take legal advice, review the facts and either resolve the matter or move towards court proceedings. A caveat initially lasts for 6 months, but can be renewed.

If matters cannot be resolved satisfactorily, then options for a legal case include:

●         bringing a Will challenge (‘contesting a Will’) or defending one, for example, on grounds of lack of capacity, undue influence, lack of valid execution or fraud

●         making or responding to an Inheritance (Provision for Family and Dependants) Act 1975 claim  

Contesting a Will questions the actual validity of the document, whereas making a claim under the 1975 Act accepts the validity of the Will but questions whether the provision in the will is fair.  

How courts assess contested Wills

Courts make evidence-based decisions, not arbitrary. They will look closely at:  

●         medical records and capacity evidence from around the time the Will was made

●         witness statements including from people who drafted or witnessed the Will

●         other relevant documents such as earlier Wills, letters of wishes, or solicitor’s notes

●         overall context including sudden changes, relevant timings and family relationships

Will disputes are rarely straightforward and outcomes can never be guaranteed. Courts consider the evidence carefully, balancing the wishes of the person who died with the legal rights of those left behind. This process takes time and can be emotionally draining for everyone involved.  

What is an Inheritance (Provision for Family and Dependants) Act 1975 claim?

A claim under this Act poses the question: Has the Will (or the rules of intestacy – applied if no Will is in place) made reasonable financial provision for certain people who depended on the deceased person?  

Only the following categories of people can bring such a claim:  

●         a spouse or civil partner

●         a cohabiting partner

●         a former spouse or civil partner (in some circumstances)

●         a child of the deceased

●         someone who was treated as a child of the family

●         someone who was financially maintained by the deceased  

The focus of the court will be very much on practical concerns, not emotional.  

A successful claim will not generally ‘overturn’ the Will, but the court may:  

●         order a financial provision to be made from the estate

●         vary how the assets are to be distributed

●         approve a negotiated settlement  

The emotional side…and the fallout from inheritance fallouts

Inheritance disputes tend to be deeply personal. They often arise at a time when families are grieving, adjusting to life without the deceased, and emotionally vulnerable.   Disagreements may stem from genuine or unfounded misunderstandings, unmet expectations, or long-standing family dynamics that resurface during moments of stress. What can appear to merit a legal case is often rooted in feelings of exclusion, disappointment or perceived unfairness.

If the issue gets to the point of court proceedings, this can intensify feelings of resentment and mistrust, particularly where grief and family history are already factors. Seeking professional advice early can help prevent disagreements from becoming entrenched and damaging personal relationships beyond repair.   Recognising this emotional context is very important and something we pride ourselves on doing within our ecosystem of care at K J Smith Solicitors. Addressing disputes with empathy, rather than escalation, can make a significant difference to how families move forward.  

What if you’re an executor facing a challenge?

Being an executor is a position of responsibility. If beneficiaries or family members raise concerns about the Will or the way the estate is being handled, this can place executors under significant pressure.  

NB: With the new laws on Inheritance Tax coming into effect in April 2026, there will be even more emphasis on executors needing to ‘get everything right’ as it will be their job to find and report to HMRC (within 6 months of the death) all the pensions held by the deceased, in order to calculate and pay any tax that is due.  

Facing a challenge to a Will can naturally feel quite daunting. Practical steps include:  

●         Pausing distribution of the estate while the issue is assessed

●         Seeking legal advice early to understand your obligations and exposure to risk

●         Keeping clear records of all communications

●         Avoiding taking sides between beneficiaries – keeping a neutral stance  

Executors are expected to act impartially. Seeking guidance early on can protect you from personal liability and help keep the process on track.  

How to reduce the risk of disputes

While disputes can’t always be avoided, careful planning can significantly reduce the chances of that happening. A clear, up-to-date Will that reflects current family circumstances is essential. So is making sure that your will is properly drafted. Open communication, where appropriate, can also help manage beneficiaries’ expectations and reduce surprises later on.

You can include a clause in your Will expressly confirming that your executors are entitled to take legal (and other professional) advice to support them in carrying out your wishes, and to pay for that advice from the estate. You can also name a preferred firm of solicitors you would like them to use; however, you cannot legally bind them to engage those solicitors if they decide a different option is more appropriate.   Delaying writing a Will creates unnecessary uncertainty and, if left too late, can cause a lot of problems for your loved ones after your death. And, obviously, circumstances keep changing over time: life events such as remarriage, separation or acquiring property can all affect how an estate is distributed. So building in a regular review of your Will, at least every 5 years,  is also very important.  

Planning with care

Making a Will is one of the kindest things you can do for the people you leave behind. A well-written Will gives clarity, reduces uncertainty and helps families to move on positively after your death. Taking advice when drafting or updating a Will can prevent conflict and clashes later. Our Private Client Team supports individuals and families with Wills, including Trusts, ensuring that wishes are clearly recorded and legally sound from the outset.   If you’re an executor dealing with a contested Will, or a beneficiary or family member affected by the contents of a Will, speaking to a specialist early makes a significant difference. Our Private Client Team at K J Smith Solicitors offers a free 15-minute consultation, giving you the opportunity to understand your position, ask questions and explore next steps.