Can I challenge a will in the UK?
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In short: Yes, on two main routes. Either attack validity (lack of capacity, undue influence, improper execution, forgery) or claim 'reasonable financial provision' under the Inheritance (Provision for Family and Dependants) Act 1975. The 1975 Act has a strict 6-month deadline from the grant of probate.
Last reviewed:
Reviewed by Kaiser Khan
Validity challenges normally start with a caveat at the Probate Registry (£3 online, lasts 6 months) to stop the grant being issued while evidence is gathered. Then formal litigation if the matter doesn't settle.
1975 Act eligibility: spouse / civil partner, ex-spouse who has not remarried, child of the deceased (including adult children — but with a higher bar), cohabitant of 2+ years, and anyone the deceased maintained immediately before death.
Costs are unpredictable. Loser-pays is the general rule, but capacity and knowledge-and-approval cases sometimes have costs paid out of the estate where the testator's own conduct caused the dispute. Always get a written costs estimate before instructing solicitors.
Primary source: legislation.gov.uk/ukpga/1975/63
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