Should I Contest A Will If It Isn't Fair?

When a loved one dies, feelings of pain, grief and shock are all common emotions. They can worsen, though, if when the Will is read, it isn't what was expected.

If you suspect the Will is not right, you might want to challenge it. This is called contesting a Will. Good lawyers, specialised in this area, know how to deal with these cases and can act with discretion and tact. Your main objective should be to achieve a result quickly, without argument or destruction of relationships within the family circle. And, if possible, you want to do this avoiding Court. Although your lawyer is going to deal with the facts, not your emotions, they can also advise and guide you through the process.

Why contest a Will?

English Law sets what is called 'testamentary freedom' (the ability to write a Will benefiting any person you wish). However, occasionally injustices occur that can only be rectified by contesting the Will. Most cases are resolved without the need to go to Court. However, if someone is omitted altogether, and the Will might have a large impact on their life (for example, if they are a dependant or an under-age child), then it is advisable to speak to a lawyer.

Am I eligible to contest the Will?

A solicitor can help you determine if you have grounds for contesting a Will. As a rough guide, under the Inheritance (Provision for Family & Dependants) Act 1975 a large category of persons are eligible to contest a Will. These could be spouses, children - including adult children, former spouses and dependents of the person who died.

What is the cost?

There are occasions when the stress of making an inheritance claim just isn't worth it. If the process becomes too lengthy due to the case not being very strong, you could end up paying more than the outcome was worth.

A lot of solicitors will give you a free initial consultation that will then enable them to give you a more accurate quote that reflects the amount of work needed. But don't just shop around on price. Contesting a will is an area of law that is very specialist, so you should always consult a solicitor who is also specialist in the area - or you might come to regret it later on. As with most things that fall into the legal sphere, contesting a Will should be conducted with time and care.

Give thought to this process; a potent mix of emotions can make anyone take the wrong or rushed decision.


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Tim Bishop is senior partner at Bonallack & Bishop, a firm of solicitors experienced in contesting a will who can advise on your inheritance claim. He is responsible for all major strategic decisions and has grown the firm by 1000% in 13 years. Tim has plans for further expansion, seeing himself as a businessman who owns a law firm.