Challenging a Will is increasingly common, with an estimated 10,000 people disputing wills in England and Wales every year. Very few will find their way to the courts, with just 195 cases being heard in front of a judge in 2022.
The increase in disputed Wills is broadly attributed to a property-rich generation, the so-called baby boomers, and the rise of blended families.
Very few cases are as dramatic as a court decision heard in late February 2025, where a daughter quite literally ‘guided’ the hand of her elderly mother who was suffering from advanced dementia and arthritis to rewrite her Will. Her mother died just eight days later leaving her entire £700,000 estate to her daughter having supposedly disinherited her son.
The son successfully contested the Will, arguing that it was ‘not the independent act of the deceased’ but rather a staged event where her sister ‘manipulated’ their mother’s hand creating a document ‘she did not understand’.
His case was compelling as video evidence submitted by his sister clearly showed that her mother could not hold a pen with her ultimately ‘guiding her hand’ to sign the new Will. The judge agreed that the elderly mother did not have testamentary capacity and given no earlier Will existed, the estate was divided equally.
Such a blatant and obvious attempt to manipulate a Will is thankfully rare. But it does raise the question of what can make a Will invalid.
The most common reason for a Will to be declared invalid is it simply not being signed properly, meaning that two independent people need to witness the signing of the Will. Witnesses should be aged over 18 and be independent from the beneficiaries of that Will.
Other common reasons a Will may be declared invalid include:
- It being destroyed or altered.
- If it has been forged or created fraudulently.
- If the person making the Will is considered not of sound mind, called testamentary capacity.
- If the person making the Will was put under undue pressure.
- If the Will is incoherent, confusing or unclear.
Marriage will also invalidate an existing Will, which is why newlyweds are encouraged to make new Wills.
Contesting a Will
A Will cannot be contested while the individual remains alive. Here, if you believe the Will is unfair or wrong, it is sensible to discuss the Will with them directly. If, however, you believe they have lost the mental capacity to make that Will, it is possible to apply to the Court of Protection to make a Will on their behalf. It is a complex process, and expert advice will be needed.
On death, anyone can contest a Will if they believe they have an interest in the estate – typically where an inheritance was expected and did not materialise.
Claims should be brought as soon as possible, irrespective of whether probate has been granted. Any claim will of course need to be evidenced, and that will mean obtaining a copy of the Will, accessing relevant medical records and, if there is suspicion of undue influence or fraud, obtaining statements from those who witnessed the signing of the Will.
It can be a lengthy and costly process, with expert advice and guidance needed.
To avoid the risk of a Will being challenged, it is advisable to have a specialist solicitor draft a Will on your behalf. They will have seen many instances of poorly drafted Wills and challenges and will be able to advise you on a clear and watertight Will.
Contact our Private Client Solicitors
If you are in need of advice or assistance on any of the legal issues mentioned in this article, please contact Olivia Meekin, Partner or any member of our experienced Private Client team on 020 7631 4141 or email privateclient@bishopandsewell.co.uk
The above is accurate as at 15 March 2025. The information above may be subject to change.
The content of this note should not be considered legal advice and each matter should be considered on a case-by-case basis.
