How to Challenge the Validity of a Will

Introduction

When someone passes away, their will should represent their true wishes. But sometimes, doubts arise. Perhaps you feel the person didn’t understand what they were signing, or you suspect another relative applied pressure. In some cases, wills are not signed correctly, or there are concerns of fraud or forgery.

If you are in this position, you may be able to challenge the validity of the will. This is called “contesting a will on validity grounds,” and it can be complex and emotionally charged. At Jonathan Lea Network, we specialise in guiding clients through these difficult situations — combining clear, practical advice with empathy and determination.

When Can a Will Be Challenged?

A will can be challenged if there is evidence that it was not created properly or does not reflect the true wishes of the deceased. The law presumes that a validly signed will is correct, so the burden falls on the person contesting it to prove otherwise.

Common scenarios where challenges arise include:

• When an elderly or ill person made drastic changes shortly before death.
  
• When a family member was heavily involved in arranging the will.
• When beneficiaries were unexpectedly cut out.
• When the will looks suspiciously different from earlier versions.

If you are unsure, the first step is to take legal advice quickly so the will can be examined and evidence preserved.

Grounds for Contesting a Will’s Validity

There are several recognised grounds for challenging a will in England and Wales:

1. Lack of Testamentary Capacity

The person making the will (the “testator”) must have had the mental capacity to understand:

• The nature of making a will.
• The extent of their property.
• Who might reasonably expect to benefit.
• The effect of their decisions.
  

This is known as the Banks v Goodfellow test. If the testator lacked capacity — for example, due to dementia, brain injury, or illness — the will may be invalid.

2. Lack of Knowledge and Approval

Even if capacity is present, the testator must understand and approve the contents of the will. Suspicion arises where the will was prepared by someone who benefits, or where the changes are unusual.

3. Undue Influence

If someone pressured or coerced the testator into making the will, it can be set aside. Proving undue influence can be difficult, but evidence such as isolation, control of finances, or witness testimony can help.

4. Fraud or Forgery

Wills can be invalid if forged or if the testator was tricked. For example, they may have signed without realising the document was a will, or a signature may have been faked. Handwriting experts are often used in these cases.

5. Failure to Comply with Formalities

Under the Wills Act 1837, a will must be in writing, signed by the testator (or by someone else in their presence), and witnessed by two people present at the same time. If these rules are not followed, the will is invalid.

Do I Need Evidence to Challenge a Will?

Yes — courts require strong evidence to override the presumption that a properly signed will is valid. Evidence might include:

• Medical records to show lack of capacity.
• Solicitor’s files with notes on instructions or concerns.
• Witness statements from those who observed the testator.
• Expert handwriting reports if forgery is suspected.
• Financial records showing sudden changes or suspicious transfers.
  

Gathering this evidence quickly is vital, as documents may be destroyed or become harder to obtain over time.

How Long Do I Have to Make a Challenge?

There is no strict statutory deadline for challenging the validity of a will. However, it is important to act as soon as possible because:

• If probate has been granted and the estate distributed, it may be difficult or impossible to recover assets.
• Witnesses may become unavailable or memories may fade.
• Courts can apply the principle of laches (delay), refusing claims if waiting has caused unfairness.

A recent case, James v Scudamore (2023), showed how delay can ruin an otherwise arguable claim — the court refused to overturn a will because the challenge was brought too late.

In practice, it is best to seek advice and lodge a caveat at the Probate Registry early to prevent the estate being administered while the dispute is investigated.

What Happens if the Challenge Succeeds?

If a will is found invalid, the court will set it aside. What happens next depends on the circumstances:

• If there is an earlier valid will, the estate will be distributed according to that will.
• If there is no earlier will, the estate will pass under the rules of intestacy.

This can significantly change who inherits. For example, someone cut out of the most recent will may inherit under intestacy if no earlier valid will exists.

Why Act Quickly

Clients sometimes delay because they are unsure or afraid of family conflict. But waiting can reduce your chances of success. Acting quickly ensures:

• Assets are not distributed before the challenge.
• Vital evidence is secured early.
• Legal costs are managed more effectively.

Even if you only suspect something is wrong, it is worth speaking to a solicitor early so options can be preserved.

How We Can Help You

At Jonathan Lea Network, we provide:

• Clear assessments – We will tell you honestly if your case has strong prospects.
• Evidence gathering – We obtain medical records, solicitor’s notes, and expert reports.
• Dispute resolution – We use negotiation and mediation where possible to reduce conflict and cost.
• Court expertise – If litigation is necessary, we prepare robust cases and represent you firmly.
• Compassionate support – We recognise these disputes often involve grieving families and high emotions.

Our team blends legal expertise with empathy, ensuring you understand the process and feel supported throughout.

Contact Us

If you believe a loved one’s will is not valid, do not delay. The sooner you act, the stronger your position will be.

Contact Jonathan Lea Network today for a free, confidential consultation. Our probate dispute solicitors will explain your options, assess your case, and help you take the right steps to protect your interests.

Call +44 (0)1444 708 640 

Email wewillhelp@jonathanlea.net 

Frequently Asked Questions (FAQs)

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