Will validity challenges

Challenging the Validity of a Will in the UK

A will should reflect the true intentions of the person making it. But disputes can arise where family members, friends, or beneficiaries suspect that a will was not properly made, was influenced by others, or is otherwise legally flawed.

At IMD Solicitors we specialise in contested probate and will validity challenges. We provide clear advice on whether a claim can be brought, guide you through the evidence required, and act to protect your rights.

What Makes a Will Invalid?

A will may be declared invalid for several reasons, including:

• Lack of testamentary capacity: the person making the will did not have the required mental capacity to understand the impact of their decisions at the time of making the will
• Lack of knowledge and approval: the deceased did not fully understand or approve the contents of the will
• Undue influence: the will was made under pressure or coercion, often with vulnerable testators being taken advantage of
• Fraud or forgery: the will or signature was falsified, or the will was otherwise altered not by the testator
• Failure to meet formalities – the will was not properly signed or witnessed in line with the legal requirements of the Wills Act 1837

Common Situations We See

• Sudden or suspicious changes to a will shortly before death
• Elderly or vulnerable individuals making wills that benefit only one person
• Close relatives excluded in unusual circumstances
• Wills prepared without independent legal advice
• Discrepancies in signatures or missing witnesses

How to Challenge a Will

Initial Assessment

We review the will, the circumstances of its creation, and any available evidence.

Evidence Gathering

This may include medical records, expert reports on capacity, witness statements, solicitors’ files, and evidence from the will drafting process.

Pre-Action Steps

We raise concerns with executors and other parties and attempt to resolve the dispute before court proceedings.

Court Proceedings

If settlement cannot be achieved, we will issue a claim and represent you throughout the litigation.

Time Limits

Challenges should ideally be brought before probate is granted. Once probate has been issued, the estate may already be distributed, making claims more complex. Acting quickly is crucial.

How We Can Help

Our contested probate solicitors will:

• Assess whether you have grounds to challenge a will’s validity
• Provide a clear strategy tailored to your case
• Gather and present evidence effectively
• Seek resolution through negotiation or mediation where possible
• Represent you in court when required

Our Approach

• Compassionate and practical – we understand the emotional strain and family tensions involved
• Clear advice – we explain the law and your options in plain terms
• Cost transparency – we provide clear information on costs and funding from the outset
• Proven results – we act in high-value and complex probate disputes, both bringing and defending challenges

Frequently Asked Questions

What evidence do I need to prove a will is invalid?

Medical records, expert reports, witness statements, handwriting evidence, and solicitor files may all be relevant. The evidence required depends on the allegations and the facts of the case.

Can I challenge a will after probate has been granted?

Yes, although the process is more complicated. Claims should ideally be brought before probate is issued.

How much does it cost to contest a will?

Costs depend on the complexity of the case and whether it goes to trial. We will discuss funding options with you at the outset.

What happens if the court finds a will invalid?

The estate will usually be distributed under an earlier valid will, or if none exists, under the intestacy rules.

Example Cases

• Set aside a will executed during the Covid-19 pandemic where witnesses were not properly present, securing a substantial legacy for the deceased’s wife who had been disinherited
• Successfully resisted a claim alleging undue influence and lack of capacity, securing a significant costs order against the claimant
• Acted for a claimant challenging his father’s will executed while he was detained in hospital with manic depression

Get in Touch

If you have concerns about the validity of a will, or if you are defending a challenge, our specialist contested probate solicitors can help.

Call us on 0330 107 0107 or request a confidential consultation.

We have offices in London, Manchester and Birmingham and act for clients across England and Wales.