The validity of a will can be challenged by applying to either the Court of Session or the Sheriff Court. If the application is successful, the will is 'reduced'. This means that it is invalid and will be treated as if it never existed. It will be up to the court to decide if it is reasonable to reduce the will.

When can a will be contested in Scotland?

The claim has to be made within 6 months of the death of the deceased. A court action must be raised within that period if matters cannot be agreed.

Can a will be challenged in Scotland?

Challenging a will

Only a spouse, civil partner, children or their descendants can challenge the distribution of assets in a will and claim their legal rights instead. A beneficiary who is not a relative and does not have legal rights defined by law cannot challenge the will.