Can a Will be challenged due to dementia or Alzheimer’s? Understanding the legal position

A guide to testamentary capacity, common grounds for challenge and the factors that can influence the validity of a Will.
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Our talented solicitors bring and defend Inheritance Act claims to ensure that Will beneficiaries receive fair outcomes.
Such a claim can be brought by a person who doesn’t receive reasonable financial provision under a Will (or under the intestacy rules, if no Will exists).
If you don't receive anything in a Will — or if what you're due may not be enough to meet your needs (or even if you've been left disappointed and unsure about what you'll receive) — we can assist.
Many people don’t realise that they have the ability to bring an Inheritance Act claim to ask the Court to vary the provisions made in a Will.
That’s why legal advice should be sought as soon as possible.
People who may be able to bring a claim include:
Claims should be issued at Court within six months of a Grant of Probate being made. While there is the ability to ask the Court to extend this deadline in certain circumstances, it’s sensible to ensure that claims are progressed as soon as possible and brought within this six-month period for the best chances of success.
Contact our experts now by completing our contact form. A member of our team will get in touch with you to discuss your enquiry.
You can also call us on 0333 004 4488 or send us an email at inheritance@brabners.com.
“Brabners is an outstanding firm. The way in which you manage our family’s affairs gives us genuine confidence and peace of mind — we quite literally sleep easier at night knowing that matters are in your hands.”
Brabners Personal client
“My sincere thanks to Brabners who came to my rescue with really sound and grounded guidance… I can now at last sleep well and now have the opportunity to embark on a new chapter in my life.”
Client feedback
“A huge thank you to you Nicola Turner… Your professionalism instilled my complete confidence as a client. I couldn't have asked for more. I feel like a weight has been lifted off my shoulders and for the first time in over two and a half years I can start to live my life again with ease.”
Inheritance Act claimant
“Thank you so much, Nicola [Turner]. Please know that you have made a huge difference to my son’s life and my own — and we are hugely grateful for all that you have done. This is truly the first time in over four years where I don’t feel like I am carrying a ton of lead weight with me everywhere. We can finally begin to live again.”
Will & inheritance disputes client
“Danielle Pawson is a thoughtful and capable practitioner, known for her attention to detail and empathetic approach in managing complex and sensitive matters. Clients immediately warm to her affable nature.”
Client feedback, Legal 500, 2027
“Nicola Turner's focus is always on achieving the best results for her clients… She is adept at combining empathy with professionalism. She gets the balance right, offering a service which combines the personal touch with the pragmatism required to get her client to where he or she needs to be. If I was ever to find myself embroiled in probate litigation, Nicola would be one of the people to whom I would turn.”
Mediator
“Where Nicola Turner scores particularly strongly is that her assessment of the merits and weaknesses of her cases is highly accurate. This allows her to deal with her cases in a very focused and efficient way which leads to good outcomes and a high degree of satisfaction from clients. Her direct and proactive manner leaves opponents in no doubt that she knows what she's doing, which is crucial in these types of disputes.”
Barrister

Most Inheritance Act claims are successfully resolved through expert negotiation, without the need for a court hearing in front of a judge.
We offer the expertise, experience and judgement needed to evaluate your claim or defence to a claim — before strategically presenting and progressing your case to achieve the best possible outcome.
We understand that disputes which involve other family members can be incredibly emotionally charged, particularly in relation to Wills and inheritance. We provide both legal and practical advice, as well as close support you can rely on.
At every step of the Inheritance Act claim process, our expert litigators will be in your corner, fighting for the best possible outcome.

Our expertise in Inheritance Act claims is led by “talented litigator” Nicola Turner — a full member of the Association of Contentious Trust and Probate Solicitors held in high regard by fellow professionals and The Legal 500. She’s described by a fellow legal professional as someone “whose judgement sets her apart” and has been instructed to represent barristers and partners in other law firms in their personal capacities.
The team also includes widely-recognised 'Associate to Watch' Danielle Pawson, Solicitor Georgina Vokes and Paralegal Lucy Baines.
Our team was proud to win Dispute Resolution Firm of the Year at The Legal 500 Northern Powerhouse Awards 2026.
Inheritance Act claim
Representing a widow in connection with the estate of her late husband in a claim under the Inheritance Act and in relation to various lifetime trusts, including one that relates to the matrimonial home. The deceased was a multi-millionaire who had established various ‘family’ trusts as part of his estate planning but left his widow with no security in relation to her home or income.
Inheritance Act claim
Representing a surviving spouse in a complex claim issued against her late husband's estate under the Inheritance (Provision for Family and Dependants) Act 1975 and involving numerous protected parties. The matter involved various issues in relation to liquidity of the estate and shareholdings in various companies.
Inheritance Act claim
Instructed on behalf of a minor child to defend a claim intimated under the Inheritance (Provision for Family and Dependants) Act 1975 by the partner of the deceased, who sadly died intestate. The claim was eventually dropped and the estate has now been distributed in accordance with the intestacy rules.
Inheritance Act claim
Representing the professional executors in a claim brought by the wife of the deceased for reasonable financial provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975. The deceased left a sizeable estate worth three-quarters of a million pounds which grants his wife a life interest over his property and residue. Proceedings have been issued and a mediation has been proposed.
Inheritance Act claim
Successfully representing a claimant who was the 30-year spouse of the deceased and executed a Will that excluded her entirely to the benefit of her two estranged children. Proceedings were issued under the Inheritance (Provision for Family and Dependants) Act 1975. The matter was complicated by the fact that the deceased had intentionally disposed of assets to a third party in attempt to defeat a claim for financial provision. Following a financial dispute resolution hearing, the parties agreed to settle which provided for the claimant to receive the majority of the estate, together with payment of her costs in full.

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