This area of law is known as contentious probate, and understanding the risks now can help you plan more effectively for the future.
Discover everything you need to know about if and why someone may challenge your will:
When we speak to clients about writing a will, one of the most common concerns we hear is: “Can this be challenged after I’m gone?” Whilst the honest answer is yes, a will can be challenged, it doesn’t mean that it will be.
In our experience at Heritage Estate Planning, most disputes arise not because someone has done something wrong, but because expectations, emotions, and legal rights collide after a death. This area of law is known as contentious probate, and understanding the risks now can help you plan more effectively for the future.
In this article, I’ll walk through the most common reasons someone might challenge your will, and what this means for you.
This is by far the most common reason we see. Quite simply, someone believes they should have received more from your estate, or perhaps something at all, and they feel the will is unfair.
In the UK, certain individuals have a legal right to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This law exists to protect people who were financially dependent on you, or who might reasonably expect to benefit from your estate. These can include:
What’s important to understand is that a claim isn’t about whether your will is “valid” – it’s about whether it is considered reasonable in the circumstances. For example, if an adult child is financially secure, a claim may not succeed. But if that same child is struggling financially, unable to work, or reliant on benefits, the court may take a different view.
For a will to be valid, the person making it must have “testamentary capacity”. In simple terms, they must:
Challenges can arise where there are concerns about dementia, cognitive decline, serious illness, or medication affecting mental clarity. These cases can be complex, and they often rely heavily on medical evidence.
This is one of the key reasons we always recommend professional will writing. A properly prepared will includes checks and records that help demonstrate capacity at the time the will was made.
Another common ground for challenge is the suggestion that someone was pressured into making decisions they wouldn’t otherwise have made. This is known as undue influence.
It might involve a family member exerting control, a carer influencing decisions, or someone isolating the will-maker from others. These cases can be difficult to prove, as the court requires clear evidence that the person’s free will was overridden.
However, where there is suspicion, particularly in situations involving vulnerability, it can lead to disputes and legal challenges. Again, this is where proper advice and documentation make a significant difference. When a will is professionally drafted, there is usually a clear record of discussions and intentions, which can help defend against these claims.
We completely understand why people are tempted to write their own will. It can seem quicker, simpler, and more cost-effective.
In reality, DIY wills are one of the biggest risk factors when it comes to disputes. The issue isn’t usually bad intentions. It’s down to missing the details that matter. Common problems include:
One of the biggest challenges with DIY wills is the lack of a professional audit trail. If your will is challenged, there are no detailed file notes, no evidence of the advice you received, and no structured explanation of your decisions.
This becomes especially problematic in situations involving family fallouts, estranged children, and unequal distributions. Without that supporting evidence, it can be much harder to defend your wishes.
Even when a will is legally valid, it can still come as a shock to those left behind. We often see disputes arise in scenarios where one child receives more than another, someone who expected to inherit is excluded, or the distribution feels “unfair”.
When people are surprised by a will, especially during a time of grief, emotions can run high. That combination of grief and financial disappointment can quickly lead to conflict.
At Heritage Estate Planning, we always encourage clients to think about how their decisions might be perceived and, where appropriate, to communicate those decisions during their lifetime.
Disputes can simply arise because the will isn’t clear. This might be a result of vague wording, contradictions within the document, or missing details about assets or beneficiaries.
When a will is open to interpretation, it can lead to disagreements about what the person really intended. Clear, precise drafting is essential to ensure your wishes are followed and to minimise the risk of disputes later on.
If there’s one thing we always say, it’s that most will disputes are preventable. They often come down to a combination of unmet expectations, lack of communication, or poor documentation.
The good news is that with the right planning, these risks can be significantly reduced. Taking professional advice, clearly documenting your wishes, keeping detailed records, and considering how your decisions may be received will all help put yourself in the strongest possible position.
You can’t completely stop someone from challenging your will, but you can make it much less likely to succeed.
At Heritage Estate Planning, we work closely with our clients to ensure their wishes are not only clearly set out but also robustly protected. Where disputes do arise, we partner with specialist contentious probate solicitors to ensure our clients and their families are fully supported.
If you’re thinking about putting a will in place, or reviewing an existing one, it’s always better to address these issues now – rather than leaving uncertainty behind. Get in touch with Heritage Estate Planning today for our expert will writing services.
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