Skip to main content
WUHLD
← Back to glossary

Standing to Challenge

Also known as: Locus Standi, Right to Challenge

Definition

Standing to challenge (locus standi) is the legal right to contest a will or claim against an estate if you would benefit financially from the challenge succeeding.

Without standing, courts will dismiss your challenge regardless of merit—it's the threshold requirement for bringing proceedings.

What Does Standing to Challenge Mean?

Standing to challenge (locus standi, Latin for "place to stand") is a fundamental legal requirement in UK probate disputes. You must demonstrate a financial interest affected by the challenge's outcome. The 1845 case Kipping v Ash established that a "bare possibility of interest" suffices—you need only the possibility of benefit, not certainty. This prevents frivolous challenges that delay probate.

Standing requirements depend on your challenge type. For validity challenges (lack of capacity, undue influence, fraud, or improper execution), you must show you'd benefit if the will were invalidated. This includes beneficiaries named in current or earlier wills, people who'd inherit under intestacy (spouse, children, relatives), or creditors of beneficiaries in limited cases. Sarah named in her father's 2015 will but not his 2023 will has standing because if the 2023 will is invalid, the 2015 will takes effect.

For Inheritance Act claims under the Inheritance (Provision for Family and Dependants) Act 1975, you must fall into statutory categories: spouse/civil partner (including former spouses), children of any age, cohabitees who lived together at least two years before death, or anyone financially maintained by the deceased. James lived with Emily five years unmarried. Emily's will leaves everything to her sister. James lacks standing for validity challenges but has standing for Inheritance Act claims as a two-plus year cohabitee.

Standing doesn't guarantee success—it means courts will hear your case, not that you'll win. You need valid grounds and evidence. Inheritance Act claims have strict six-month deadlines from probate grant. Validity challenges have flexible timing but should be brought before probate via caveat. Early assessment is critical—challenges without standing are struck out immediately.

Common Questions

"Can anyone challenge a will in the UK?" No, only those with legal standing can challenge. You need standing if named in current or previous wills, would inherit under intestacy (spouse, child), or can demonstrate financial interest. Disagreeing with the will isn't enough—you must show beneficial interest.

"Do I have standing to challenge my parent's will if I'm not mentioned in it?" Yes, as a child you have standing. Under the Inheritance Act 1975, children can claim reasonable financial provision. You can also challenge validity if you believe it's invalid—if declared invalid, you'd inherit under intestacy rules, giving you standing.

"What's the difference between standing to challenge validity and standing for an Inheritance Act claim?" Validity standing means questioning if the will is legally valid (lack of capacity, fraud, improper execution). This requires proving you'd benefit if invalidated. Inheritance Act standing means falling into specific categories (spouse, child, dependent, two-plus year cohabitee) who can claim reasonable provision without questioning validity. These are separate routes with different requirements.

Common Misconceptions

Myth: Anyone can challenge a will if they think it's unfair

Reality: Only people with standing—beneficial interest—can bring challenges courts will hear. You must be named in current/previous wills, be an intestacy heir (spouse, child), or fall into Inheritance Act categories. Friends promised gifts, distant relatives without inheritance rights, or those who disagree with distribution cannot challenge without standing. Courts strike out challenges lacking standing before considering merits.

Myth: If you have standing, you'll automatically win

Reality: Standing is the threshold to bring a challenge—courts will hear your case, not guarantee success. You must prove valid grounds (lack of capacity via Banks v Goodfellow test, undue influence, fraud) with compelling evidence. Many challenges with proper standing fail due to insufficient proof. For Inheritance Act claims, you must show the will failed to make "reasonable financial provision," assessed using multiple factors.

  • Will Challenge: Standing to challenge is a prerequisite for bringing a will challenge—the court will only consider your challenge if you first establish standing.
  • Beneficiary: Beneficiaries named in the current or previous will automatically have standing to challenge the will's validity.
  • Inheritance Act 1975: Creates separate standing requirements for family provision claims, with five specific categories of people who can claim reasonable financial provision.
  • Family Provision Claim: A specific type of challenge with its own standing requirements defined by the Inheritance Act 1975, separate from validity challenges.
  • Interested Party: The technical probate term for someone with standing—you must be an interested party to enter a caveat or participate in probate proceedings.

Need Help with Your Will?

Understanding standing requirements highlights the importance of creating a legally sound will that reduces the risk of successful challenges. Clear beneficiary provisions and proper execution give potential challengers less ground to stand on.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.