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Seeing and contesting a will

Updated 26 October 2026
The short answer

Before probate the will is private and the executors decide who sees it; after the grant it is a public record, and GOV.UK says a copy costs £16. A dispute is held open by a caveat, £4 for six months. A validity challenge is common law; an Inheritance Act claim for reasonable provision runs six months from the grant.

A family that suspects a will is wrong has two problems in a fixed order: seeing it, and stopping the estate being handed out before the argument is heard. The law’s answers are that the will is private until probate and public after, that a £4 form holds the grant for six months, and that a challenge to the will and a claim by someone left out are different cases with different clocks.

Before the grant

Until probate is granted the will is a private document, and the executors hold it. No GOV.UK guidance gives a beneficiary a right to see it before the grant; that is the general legal position rather than a sourced rule, and this page says so.

A courteous executor shows the beneficiaries their gifts, and a solicitor holding the will follows the executors’ instructions.

What GOV.UK does say is where the original goes. The executor must send the original will with the probate application, not a photocopy, and the probate registry keeps it and it becomes a public record (GOV.UK, Applying for probate: if there’s a will, checked 1 November 2026). Privacy ends at the grant.

After the grant: the public record

GOV.UK’s search service finds a probate record, also called a grant of representation, for anyone who died after 1857 in England and Wales. It says you can check whether probate has been issued and order a copy of the record including the will, and that each copy ordered online costs £16 (GOV.UK, Search probate records for documents and wills (England and Wales), checked 1 November 2026).

A postal search costs £16 too and includes the copy. Where the death was in the last six months and no grant has yet issued, GOV.UK says a standing search costs £4 and reports a grant when it is made. That is the cheap way to learn that probate has been granted without asking the executor.

The caveat

A caveat is the brake. GOV.UK says you can challenge someone else’s probate application by entering a caveat if there is a dispute, for example about who can apply for probate, whether a will exists, or whether the will is legal, and that it costs £4 online or by post (GOV.UK, Stopping a probate application: challenge someone else's probate application, checked 1 November 2026).

GOV.UK says it lasts six months at first, can be extended for another six, and stops all applications for probate on the estate being granted during that time. The rules say the registrar shall not allow a grant to be sealed while an effective caveat is in place, except on the day it is entered (Non-Contentious Probate Rules 1987, rule 44, checked 1 November 2026). A caveat is for a genuine dispute about the will or the applicant. It is not a way to delay an estate you are unhappy with, and the next step makes that expensive.

Warning and appearance

GOV.UK says that if the applicant disagrees with your caveat they might come to an agreement with you and ask you to withdraw it, or issue a formal warning, to which you have 14 days to respond, including weekends (GOV.UK, Stopping a probate application: after you've applied, checked 1 November 2026).

GOV.UK says you respond by entering an appearance or issuing a summons, and that to enter an appearance you must have a contrary interest in the estate. The rules put it formally: any person claiming an interest may issue a warning stating their interest and requiring the caveator, the person who entered the caveat, to give particulars of any contrary interest. A caveator with a contrary interest may then, within 14 days of service, enter an appearance (Non-Contentious Probate Rules 1987, rule 44, checked 1 November 2026). An appearance turns the caveat into a contested matter that only a court order or agreement removes, which is where a solicitor becomes necessary rather than useful.

The grounds

There is no GOV.UK page on contesting a will, and the grounds are set by the courts rather than a statute. A will is challenged on the basis that it was not validly executed, that the person lacked capacity, that they were unduly influenced, that it was forged, or that they did not know and approve its contents.

Each is a court claim, decided on evidence, with a costs risk this page cannot put a figure on.

Execution is the one with a statute behind it: the Wills Act’s requirements of a signature acknowledged before two witnesses present at the same time, who then sign (Wills Act 1837, section 9, checked 1 November 2026). Capacity is the common law test the Mental Capacity Act’s code says sits alongside its own (Mental Capacity Act code of practice, chapter 4, checked 13 September 2026). Being left out, or left less than a sibling, is not a ground. That is the next section.

Being left out: the Inheritance Act

A will can be perfectly valid and still leave someone with a claim. The Inheritance Act lets the court order reasonable financial provision for a list running from the spouse or civil partner to anyone the deceased was maintaining, other than for full payment (Inheritance (Provision for Family and Dependants) Act 1975, section 1, checked 1 November 2026).

Between them are a former spouse who has not remarried, a partner who lived with the deceased as a couple for the two years before the death, a child, and a person treated by the deceased as a child of the family. The clock is the grant. The Act says an application may not be made, except with the court’s permission, after six months from the date representation is first taken out, though it can be made before (section 4, checked 1 November 2026). The standing search above is how a person left out learns the clock has started. Our blended families page covers the wills that avoid the claim.

Costs, and who to ask

GOV.UK gives no figure for the cost of contesting a will, and this page does not either. A contested probate claim is High Court or county court litigation in which the loser can be ordered to pay the winner’s costs, and the estate can be consumed by the fight.

A caveat costs £4 and a standing search £4 (GOV.UK, Search probate records for documents and wills (England and Wales), checked 1 November 2026); everything after that is a solicitor’s letter.

Where the concern is not the will but the executor, our solicitor problems page and executor delays page cover the complaints and court routes. Where the will is valid and the estate large, the Inheritance Tax hub covers what is due before anyone is paid, and our wills hub what a valid will needed in the first place.

Common questions

My brother is executor and will not show me our mother's will. Can he do that?

Before probate, yes. The will is the executor's document, and no GOV.UK guidance gives a beneficiary a right to see it before the grant; that is the general position rather than a sourced rule. GOV.UK says the executor sends the original will with the application and that it becomes a public record. After the grant anyone can order a copy.

How do I get a copy of a will after probate?

GOV.UK's search service finds a probate record for anyone who died after 1857 in England and Wales, shows whether probate was issued, and lets you order a copy of the record including the will. Each copy ordered online costs £16, and a postal search also costs £16. A standing search, for a death in the last six months, costs £4.

How do I stop probate being granted while we sort out a dispute?

Enter a caveat. GOV.UK says you can challenge someone else's probate application if there is a dispute about who can apply, whether a will exists or whether the will is legal, that a caveat costs £4, lasts six months and can be extended for another six, and that it stops all applications for probate being granted meanwhile.

On what grounds can a will be contested?

That it was not properly signed and witnessed, that the person lacked capacity, that they were unduly influenced, that it was forged, or that they did not know and approve its contents. Those grounds are set by the courts, not on GOV.UK, and a challenge is a court claim with a costs risk. Being left out is not one.

I was left out. Can I claim anything?

Possibly, under the Inheritance Act. It lets a spouse, a former spouse who has not remarried, a child, a person treated as a child of the family, a dependant, or a partner who lived with the deceased for two years apply for reasonable financial provision. The application must be made within six months of the grant unless the court permits.

What happens after I enter a caveat?

GOV.UK says the applicant may come to an agreement with you, or issue a formal warning, to which you have 14 days to respond by entering an appearance, which needs a contrary interest in the estate, or issuing a summons. The rules say the warning must state the applicant's interest and require yours. Without a response the caveat is removed.

What to read next

Making a will: whether you need one, what makes it valid, who writes it and what it costs, and why marriage cancels it
Without a will the law decides who inherits, and an unmarried partner gets nothing. A valid will in England and Wales is in writing, signed in front of two witnesses who sign in turn, by someone over 18 of sound mind; a witness or their spouse cannot benefit. Anyone can write one, and will-writing is unregulated. Marriage cancels an earlier will; divorce does not. The Probate Service will store it for £24.
A will for a second marriage or a blended family: the life interest trust that protects both the spouse and the children, mirror and mutual wills, and the claim a partner can bring
A will that leaves everything to a second spouse leaves the children of the first marriage depending on the spouse's will, and marriage cancels whatever was written before. A life interest trust is the tool the law provides: the spouse has the home and the income for life and the capital passes to the children on the second death, with the spouse exemption and the home allowance intact. A partner or child left out can claim under the Inheritance Act within six months of the grant.
Dying without a will: who inherits under the intestacy rules, the £322,000 a spouse takes first, who gets nothing, and who deals with the estate
Where there is no will the Administration of Estates Act decides. A spouse or civil partner with no children takes everything; with children, they take the personal possessions, the first £322,000 and half of the rest, and the children share the other half. An unmarried partner and stepchildren get nothing. The closest relative applies for letters of administration, and debts and the funeral come out first.
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