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Challenging a will is never a step taken lightly. For families already coping with loss, it can feel uncomfortable or even confrontational. Yet when serious doubts arise about how a will was made, English law provides clear routes to contest it.

Understanding those legal grounds – and the evidence each requires – helps families, executors and beneficiaries approach disputes in an informed and proportionate way.

1. Lack of Testamentary Capacity

A person making a will must have the mental capacity to understand what they are doing. The classic test from Banks v Goodfellow (1870) still governs this area. The testator must:

• Understand the nature of making a will and its effects.
• Know the extent of their property.
• Appreciate the claims of those who might reasonably expect to benefit.
• Be free from any disorder of the mind that distorts their judgment.

Medical evidence, solicitor attendance notes and witness statements are usually central. Capacity is presumed unless there is reason to doubt it, but once challenged, the burden shifts to those propounding the will to prove that the testator met the Banks v Goodfellow test.

2. Undue Influence

A will is invalid if it results not from the testator’s free will but from coercion or domination by another. This does not include persuasion, emotional appeal or advice – the influence must be such that it overbore the testator’s independence of mind.

Because the testator is no longer alive to give evidence, the burden of proof is high. Courts look for patterns rather than a single act: isolation from family, dependency on the influencer or involvement of that person in the preparation of the will.

3. Lack of Knowledge and Approval

Even where a will is validly executed and the testator had capacity, it can still fail if they did not know and approve its contents. This often arises when the will was drafted by – or heavily benefits – a particular individual.

The court’s starting point is that due execution raises a presumption of knowledge and approval. That presumption can be displaced if circumstances are suspicious, such as radical departures from earlier wills, involvement of beneficiaries in drafting or the testator being frail or unable to read.

4. Fraud or Forgery

If a will has been forged, altered or procured by fraud, it is void. Such allegations are serious and require strong evidence, often including handwriting or forensic document analysis.

Other Grounds

Disputes also arise over revocation, later documents or whether the will was properly executed in compliance with the Wills Act 1837. These procedural issues emphasise how tightly the law enforces formal requirements.

Practical Takeaways

Executors facing a challenge must remain neutral. Their duty is to preserve the estate and provide disclosure until validity is determined. Early legal advice and, where appropriate, court directions help prevent accusations of bias.

For potential challengers, timing matters. Most disputes can be contained if raised promptly, before distributions are made. Obtaining the drafting solicitor’s file, medical records and witness evidence early provides clarity on whether a challenge is viable.

Further guidance on what to do when executors or trustees fall short of their duties is available in our executor and trustee problems guide.

Conclusion

Contesting a will requires sensitivity, evidence and a clear legal strategy. The law aims to balance testamentary freedom with protection against exploitation or mistake. Early specialist advice can help resolve matters swiftly and avoid unnecessary cost.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

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