When does a suspicious will become a legal challenge?
30th June, 2026
When a loved one dies and their will is read, the reaction is not always surprise at what has been left behind. Sometimes, it is surprise at what has changed.
Perhaps a child has been excluded unexpectedly. A new beneficiary appears out of nowhere. A long-standing will has been replaced shortly before death, or someone who was heavily involved in the deceased’s affairs seems to have benefited significantly.
In these situations, people often have the same thought:
“Something doesn’t feel right.”
But when does a suspicion become a legitimate legal challenge?
The answer lies in the evidence. While a will cannot be challenged simply because someone disagrees with its contents, it may be possible to challenge its validity if there are concerns about the circumstances in which it was created.
Step one: Identify why the will appears suspicious
The first question is not whether the will is valid or invalid. It is why concerns have arisen in the first place.
Some common warning signs include:
- A significant change to a long-standing will shortly before death
- The exclusion of close family members without any obvious explanation
- A substantial gift to a carer, friend or recently introduced individual
- A will being signed when the deceased was suffering from serious illness or cognitive decline
- One person taking complete control of the will-making process
- A document that appears inconsistent with the deceased’s previously expressed wishes
Step two: Seek advice before drawing conclusions
In practice, we are often approached by people who are concerned because a will contains an unexpected provision or excludes a family member. While those circumstances may justify further investigation, an unusual or unpopular decision does not automatically make a will invalid. People are generally free to leave their estate as they choose. The important question is whether there is evidence that calls the validity of the will into question.
Obtaining legal advice at an early stage can help identify what evidence may be available and whether there are realistic grounds for investigation.
Step three: Assessing whether there is a legal basis for challenge
Once concerns have been identified, the next step is for your legal advisor to establish whether they point towards a recognised legal ground for challenging the validity of the will.
Did the deceased have mental capacity?
One of the most common grounds for challenging a will is a lack of testamentary capacity.
To make a valid will, the person creating it must understand:
- That they are making a will
- The extent of their estate
- Who might reasonably expect to benefit from it
- The effect of the decisions they are making
Concerns often arise where the deceased was living with dementia, Alzheimer’s disease or another condition affecting cognition.
However, a diagnosis alone is not enough. The key issue is whether the person had sufficient understanding at the time the will was executed.
What evidence might be relevant?
Evidence may include:
- Medical records
- GP and hospital notes
- Assessments carried out around the time the will was signed
- Care home records
- Witness evidence from those who knew the deceased
- The solicitor’s file
The closer the evidence is to the date of the will, the more significant it is likely to be.
Was the deceased subject to undue influence?
People are entitled to change their wills and favour certain individuals over others. Family members often discuss inheritance plans and provide assistance with practical arrangements.
The issue arises where influence becomes pressure.
If someone was coerced into making a will they would not otherwise have made, the validity of the document may be challenged.
What evidence might be relevant?
One of the challenges with undue influence claims is that direct evidence is rarely available. It is unusual for someone exerting pressure to do so in front of independent witnesses. As a result, these cases are often built by examining a wider pattern of behaviour and the circumstances surrounding the preparation of the will.
Relevant evidence may include:
- Witness accounts from family members, friends or carers
- Evidence that the deceased was isolated from others
- Records showing dependence upon a particular individual
- Communications demonstrating pressure or manipulation
- Unusual changes that cannot easily be explained
A pattern of behaviour is often more persuasive than a single piece of evidence.
Did the deceased understand and approve the will?
Even if a person had capacity, they must still understand and approve the contents of the document they are signing.
Questions can arise where:
- The will contains unexpected provisions
- The deceased had visual impairments or communication difficulties
- Someone else prepared the will on their behalf
- A beneficiary played a significant role in arranging the will
What evidence might be relevant?
Evidence may include:
- The solicitor’s file and attendance notes
- Draft versions of the will
- Correspondence relating to instructions
- Statements from witnesses present at the signing
- Information about how the contents of the will were explained to the deceased
In many cases, the solicitor’s records become a crucial source of evidence.
Was the will properly executed?
A valid will must comply with certain legal formalities.
Even where there is no dispute about the deceased’s wishes, problems with the signing process can affect validity.
Issues can arise where:
- Witnesses were not present at the appropriate time
- Signatures are missing
- There are concerns about authenticity
- The required formalities were not followed correctly
What evidence might be relevant?
Relevant evidence may include:
- The original will
- Statements from witnesses
- Solicitor records
- File notes relating to execution
- Expert evidence where signatures are disputed
What may appear to be a minor procedural issue can sometimes have significant legal consequences.
Is there evidence of fraud or forgery?
Although relatively uncommon, allegations of fraud and forgery do arise.
Examples include:
- Forged signatures
- Alterations made after execution
- False representations used to induce changes to a will
- Deliberate concealment of relevant information
What evidence might be relevant?
Potential evidence may include:
- Handwriting expert reports
- Earlier versions of the will
- Witness evidence
- Documentary records
- Correspondence surrounding the preparation of the document
Because of the seriousness of such allegations, strong evidence is generally required.
It is not uncommon for concerns about a will to involve more than one potential issue. For example, a family may initially suspect undue influence, only for the evidence to raise questions about capacity as well. For that reason, investigations often involve looking at the full picture rather than focusing on a single issue in isolation.
Final thoughts
If you have concerns about the validity of a will, it is important to obtain advice as early as possible. Early investigations can help preserve evidence, clarify the circumstances surrounding the preparation of the will and establish whether there are grounds for challenge.
If you would like to discuss a potential will dispute, our contentious probate team can assess the circumstances of your case and advise on the most appropriate next step.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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