Many people assume that once a will has been written and signed, it cannot be disputed. However, there are circumstances where a will can be challenged after someone has died.
While most wills pass through the estate administration process without issue, disputes do arise, particularly where family members believe the will does not reflect the deceased’s true wishes or where concerns exist about how the will was created.
Can a Will Be Challenged in the UK?
Yes.
A will can be challenged in England and Wales if there are valid legal grounds for doing so.
However, simply being unhappy with the contents of a will is not enough. A challenge must usually be based on specific legal reasons.
Each case is different, and the court will consider the evidence carefully before deciding whether a will is valid.
Who Can Challenge a Will?
A will is most commonly challenged by:
- Spouses or civil partners
- Children
- Stepchildren in certain circumstances
- Unmarried partners
- Beneficiaries named in a previous will
- Individuals who were financially dependent on the deceased
The person bringing the challenge must generally be able to demonstrate that they have a legitimate interest in the estate.
What Are the Main Grounds for Challenging a Will?
Lack of Mental Capacity
A will may be challenged if the person making it did not have the mental capacity to understand:
- The nature of making a will
- The value of their estate
- Who might reasonably expect to benefit
This can sometimes arise where the deceased was suffering from dementia, Alzheimer’s disease, or another condition affecting decision-making.
Undue Influence
A will must be made freely and voluntarily.
If someone was pressured, manipulated, or coerced into changing their will, the document may be challenged.
Examples may include:
- Family pressure
- Financial control
- Emotional manipulation
- Threats or intimidation
These cases can be difficult to prove but are taken very seriously by the courts.
Improper Signing or Witnessing
Strict legal requirements apply when signing a will.
A will must:
- Be in writing
- Be signed by the person making it
- Be witnessed correctly by two independent witnesses
If these requirements are not followed, the will may be declared invalid.
You may also find our guide helpful:
Fraud or Forgery
A will can be challenged if there is evidence that:
- A signature was forged
- Pages were altered
- The deceased was deceived about the contents of the will
Although relatively uncommon, fraud cases can lead to lengthy legal disputes.
Lack of Knowledge and Approval
A challenge may arise if there are concerns that the deceased did not fully understand the contents of the will before signing it.
For example:
- The will was prepared by someone else
- Significant changes were made unexpectedly
- The deceased was vulnerable or seriously ill
Can a Family Member Challenge a Will?
Yes.
Family members frequently bring claims against estates, particularly where:
- They have been excluded from the will
- They believe the will is invalid
- They feel reasonable financial provision has not been made
However, family members do not automatically succeed simply because they disagree with the will.
Can an Unmarried Partner Challenge a Will?
Potentially.
An unmarried partner may be able to make a claim if they were financially dependent on the deceased or lived together for a significant period.
This is one reason why having a professionally drafted will is particularly important for unmarried couples.
Read our guide:
Can Stepchildren Challenge a Will?
In certain circumstances, yes.
Stepchildren who were financially dependent on the deceased may have grounds to bring a claim against the estate.
You can learn more here:
How Long Do You Have to Challenge a Will?
The time limit depends on the type of claim being made.
Some inheritance claims must be brought within six months of probate being granted, while other disputes may have different limitation periods.
For this reason, anyone considering a challenge should seek legal advice promptly.
How Can You Reduce the Risk of a Will Being Challenged?
While no will can be guaranteed against challenge, certain steps can significantly reduce the risk.
Use Professional Will Drafting
Professionally prepared wills are generally less vulnerable to disputes than DIY documents.
Keep Your Will Updated
Major life changes can affect your wishes and create uncertainty if your will becomes outdated.
You may find these guides useful:
Clearly Explain Your Wishes
Where appropriate, providing clear instructions and keeping records of your intentions can help minimise future disagreements.
Choose Suitable Executors
Selecting trustworthy and capable executors can help ensure your estate is administered efficiently.
Read our guide:
Make a Legally Valid Will from Just £47
One of the best ways to reduce the risk of future disputes is to ensure your will is professionally prepared and legally compliant.
At Town & Country Law, we help individuals and families create legally valid wills that clearly document their wishes and provide peace of mind.
Our service includes:
- Professional will drafting
- Expert guidance
- Legally compliant documentation
- Fixed pricing from just £47
Start here:
Final Thoughts
A will can be challenged in the UK, but only on specific legal grounds.
The best way to protect your wishes is to ensure your will is professionally prepared, properly signed, regularly reviewed, and clearly reflects your intentions.
Taking these steps can help reduce the risk of disputes and provide greater certainty for your loved ones in the future.