Estate disputes are rarely about money alone. More often they are about a family that no longer trusts the process — a will that appeared suddenly, an executor who will not explain, a relative who was left out. If you are on either side of one, two things matter more than anything else: the evidence, and the time limits.
Grounds for challenging a will
A non-Muslim will can generally be challenged on these grounds:
- Lack of testamentary capacity — the person did not understand what they were doing, often because of illness or cognitive decline.
- Undue influence or coercion — the will reflects someone else's wishes, not the testator's.
- Want of knowledge and approval — the testator did not truly know and approve the contents.
- Improper execution — the will was not signed and witnessed as the Wills Act 1959 requires.
- Forgery or fraud.
Each of these turns heavily on evidence: medical records, the drafting solicitor's file and attendance notes, and the circumstances around the signing. Cases are won and lost on documents, not indignation.
The family-provision claim — and its six-month window
Separately from challenging a will, a dependant who has been left without reasonable provision may bring a claim under the Inheritance (Family Provision) Act 1971. This is not about proving the will invalid — it accepts the will but asks the court to provide for a dependant who was being supported. The critical point is the time limit: a claim must generally be brought within six months of the grant. Miss it, and the right can be lost. If you think you may have a claim, take advice immediately.
Executors behaving badly
Not every dispute is about the will itself. An executor or administrator who refuses to account, delays without reason, or helps themselves can be compelled to account or, in serious cases, removed. Beneficiaries have real rights here, and the sooner they are asserted, the better.
What it costs — and why most settle
The honest answer to "what will this cost" is: it depends entirely on whether it settles. A full trial is expensive and slow. That is why we assess merits, value and cost candidly at the outset, and push hard for negotiated or mediated outcomes — most of the disputes we run resolve without a final hearing. The best dispute is the one prevented, by administering an estate carefully in the first place.
General information only, and time limits are strict. See contentious probate or speak to us quickly if a dispute is brewing.
