Success Rate of Contesting a Will UK | Key Facts

What Is the Success Rate of Contesting a Will in the UK?

If you are thinking about challenging a will, the first question you will probably ask is: what are the chances of winning? The honest answer is that the success rate of contesting a will in the UK is genuinely difficult to pin down, and for good reason. This article explains why the statistics are unreliable, what the real picture looks like, and how to decide whether a challenge is worth pursuing.

Why the statistics do not tell the whole story

There are no official statistics on how many contested wills succeed, as most disputes are resolved privately before reaching court. That single fact explains almost everything about why headline figures can mislead.

The Guardian reported in 2024 that as many as 10,000 people in England and Wales dispute a will each year. In 2021–22, only 195 disputes resulted in court appearances. That is a gap of thousands of cases. So where do the rest go?

Approximately half of all contested will cases settle out of court, avoiding the expense and uncertainty of formal litigation. Many others are resolved through early negotiation, often before formal proceedings begin at all. The vast majority (over 98%) of claims are settled confidentially outside of court but because those settlements are private, they never appear in court records.

Nearly 90% of court claims do not reach trial, which demonstrates the importance of a strategic approach supported by skilled and experienced contentious probate solicitor.

What out-of-court resolution actually looks like

Mediation is a flexible and confidential process used to settle a dispute between two or more parties, involving an independent and impartial third person who helps the parties talk through the issues, negotiate, and reach a mutually agreeable solution.

The Centre for Effective Dispute Resolution (CEDR), which tracks mediation outcomes across civil disputes in England and Wales, has consistently reported high settlement rates. CEDR reported that mediations have a 92% success rate, in terms of settling on the day of the mediation or shortly afterwards. In contentious probate specifically, industry estimates suggest that between 90 and 95% of contentious probate matters settle before trial.

Courts in England and Wales actively encourage alternative dispute resolution (ADR), and an unreasonable refusal to engage can result in cost penalties at trial, even for the winning party.

In short: most people who dispute a will do not end up in a courtroom. They settle. That means any percentage figure you read about court success rates covers only a narrow slice of what actually happens.

You must have legal grounds to contest a will

Before considering chances of success, one point matters above all others. Wills can be contested in England and Wales, but the grounds for doing so are specific and the process can be complex. Simply being unhappy with the outcome, receiving less than expected, or nothing at all, is not in itself a legal ground to challenge a will. It is also worth checking whether the will still stands at all before contesting it, since divorce changes how a will is read and can leave part of an estate passing under intestacy instead.

The recognised grounds for contesting a will in England and Wales are well established. A will can be challenged on several legal grounds, including lack of testamentary capacity (where the testator did not have the mental ability to understand what they were doing), undue influence or coercion, fraud or forgery, and improper execution (failure to comply with the formal requirements of the Wills Act 1837). Additionally, eligible individuals can make claims under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe they were dependemt on the deceased and the will fails to make reasonable financial provision for them.

The strength of each ground varies. Lack of testamentary capacity claims succeed in approximately 22–35% of cases where substantial medical evidence demonstrates the deceased lacked mental capacity when making their will. Undue influence claims prove more challenging, succeeding in only 10–15% of cases due to the difficulty of proving coercion occurred behind closed doors.

For a full breakdown of what each ground involves, read our detailed guide to grounds for contesting a will and how the courts approach each one.

How does evidence affect the outcome?

Success depends entirely on the strength of the legal grounds and the evidence available. That applies whether the dispute settles in negotiation or goes to court.

For capacity claims, medical records are central. Medical records, including GP and specialist reports showing cognitive decline, witness statements from family or carers present during the will drafting process, and expert psychiatric reports obtained after death to assess the testator’s mental state can all be relevant.

For undue influence, the bar is higher. It must be proved that the testator acted against their own free will and was coerced into making a will they did not wish to make. Asthe nature of this allegation is tantamount to fraud, the burden of proof is high, and if a claim fails, there are likely to be serious cost consequences.

Early action is always advisable. If a grant of probate has been obtained and the estate distributed, steps will need to be taken to reclaim assets. Evidence also deteriorates over time. Medical records disappear, witnesses forget, and assets move.

The cost question: can you afford to challenge?

Cost is a serious consideration in any will dispute. The cost of contesting a will can vary widely depending on the complexity of the case. Straightforward disputes may cost a few thousand pounds, while more complex claims, especially those that proceed to court, can run into tens of thousands or more.

To give a practical sense of the range: disputes that settle through negotiation or mediation at an early stage typically cost between £5,000 and £15,000 plus VAT in legal fees. Disputes that proceed to issue of court proceedings or trial can cost each party £30,000 to £100,000 or more.

The usual position in contentious probate cases is that “the loser pays the winner’s costs”. So, if you were successful in contesting a will, you would normally expect the other side to pay your costs — or a portion of them. However, this is not guaranteed. The final bill will ultimately be determined by the court, so it is by no means obvious how much you may pay to contest a will.

Why a cost-benefit analysis matters

Early assessment of merits and evidence, cost versus benefit analysis, and knowledge of when to push for mediation versus litigation are key aspects of an experienced approach. A contentious probate solicitor can work through that analysis with you before you commit to anything.

Some firms offer conditional fee agreements (no win, no fee) where the evidence supports it. Legal expenses insurance is increasingly common and is often included with home or car insurance policies; some of these may cover a contested probate case, so this should be your first port of call.

When a solicitor’s letter is enough

Not every dispute requires months of litigation. When faced with a robust case brought by experienced contentious probate solicitors, executors often take the decision to negotiate a settlement. Choosing the right representation can give you a tactical advantage from the start, as executors generally try to avoid protracted legal cases.

In some situations, a well-argued letter from a specialist contentious probate lawyer, setting out the legal position clearly and the evidence available, is enough to prompt a settlement discussion. The other side needs to weigh its own costs and risks. A clear, credible case often changes that calculation quickly.

With the right legal advice and a well-prepared case, many people are able to achieve a positive outcome — whether through negotiation, settlement, or a court decision.

So, what is the real success rate of contesting a will?

The honest answer is that there is no single reliable figure for the success rate of contesting a will in the UK. The success rate of contested wills varies, influenced by factors such as the strength of the evidence, the grounds for contesting, and the skill of the legal representation.

What the evidence does show clearly is this: the vast majority of disputes settle before trial. Many of those settlements deliver a meaningful outcome for the person bringing the challenge. The headline court statistics, focused on a small number of cases that could not settle, say very little about your own prospects.

Your real question is not “what percentage of people win in court?” It is “do I have solid grounds, strong evidence, and a realistic chance of a favourable outcome — whether in court or out of it?” A specialist lawyer is the right person to help you answer that.

Book a free consultation with a contentious probate solicitor

If you believe a will may be invalid, or you have concerns about how it was made, the practical first step is to speak to a specialist. A contentious probate solicitor can assess your grounds, review the evidence available, advise on the realistic chances of success, and give you a clear picture of the likely costs involved — before you commit to anything.

[Book a free consultation through The Probate Network](/book-a-consultation) and speak to an SRA-regulated contentious probate solicitor today.

This article is for general guidance only and does not constitute legal advice. Rules and thresholds can change, and every estate is different. For advice on your own circumstances, speak to a qualified professional. You can book a free legal consultation with an SRA-regulated solicitor through The Probate Network.

Frequently asked questions

What percentage of contested wills are successful in the UK?

There is no single reliable percentage. There are no official statistics on how many contested wills succeed, as most disputes are resolved privately before reaching court. Of the small number that reach a final court hearing, success rates are low. However, that figure excludes the many disputes resolved through negotiation and mediation — often on terms favourable to the person bringing the challenge. Your prospects depend on your specific grounds and evidence, not a general statistic.

How long does it take to contest a will in the UK?

It varies considerably. A negotiated or mediated settlement can often be reached within three to nine months. A contested trial, by contrast, can take 18 months to several years from the issue of proceedings to final judgment. Acting early, and with good legal advice, gives you the best chance of a quicker and more cost-effective resolution.

Who pays the legal costs when a will is contested?

The usual position in most forms of litigation, particularly in contentious probate cases, is that “the loser pays the winner’s costs”. However, the court has wide discretion as to what order it can make, including one party paying the other’s costs in part, or costs being paid by the estate in question. This is one of the key reasons a cost-benefit analysis with a specialist solicitor matters before you start proceedings.

Sources

• • Property Saviour — How successful is contesting a will?
  • GOV.UK — A guide to civil mediation
  • The Gazette — Grounds for contesting a will
  • Lexology — Mediation procedure in England and Wales