Will Validity Disputes

Tony Cockayne

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Tony Cockayne is really focused on achieving the best outcome for his clients and keeps the right level of involvement and oversight in his cases. He has an excellent sense of how a case will develop and where a deal may lie.
Legal 500 2025

Michelmores offers the complete package, with a strong London and regional presence and with all the other resources in terms of expertise and experience which you could want. They frequently work for large charities as well as private individuals, giving them great insight into the full range of issues and concerns which a dispute of this nature can throw up.
Legal 500 2025

Challenging the validity of a will: legal grounds and next steps

Following someone’s death, individuals with an interest in the estate may have grounds to challenge the validity of the will. These challenges must be based on legal grounds and are often emotionally and legally complex.

Grounds for Challenging a Will

A will can be challenged on the following grounds:

The testator lacked mental capacity to make the will.
The testator was unduly influenced to make the will.
The testator was deliberately misled or manipulated to exclude a beneficiary.
The testator did not understand or approve the contents of the will.
Fraud or forgery is suspected.
The will was not signed and/or witnessed correctly.
The testator revoked the will during their lifetime.
Errors in drafting or failure to follow instructions (which may also give rise to a professional negligence claim

Timing of a Will Challenge

A will challenge can be brought before or after the Grant of Probate or Letters of Administration (in the event of intestacy) has been issued. However, it is preferable for any will challenge to be brought as soon as possible to avoid issues with incorrect distributions, should the will be deemed invalid.

What Happens if a will is Deemed Invalid?

If a challenge is successful, the will is set aside. The estate will then be administered under the previous valid will. If no earlier valid will exists, the estate is distributed according to the intestacy rules.

Bringing or Defending a Will Challenge

If you believe a Will may be invalid, or you are a beneficiary defending a claim, early legal advice is critical. We can take steps to prevent the estate from being distributed while the dispute is resolved, assist with evidence gathering, and guide you through either bringing or defending the claim.

Resolving Disputes Effectively

We aim to resolve disputes as quickly as possible. In particular, we aim to tackle issues outside of court via Alternative Dispute Resolution (ADR) wherever appropriate, and we regularly settle claims in correspondence or at mediation.

Concerns Before Death: Statutory Wills

A Will challenge can only be brought after the testator has passed away. However, if you are concerned about the validity of a Will while the testator is still alive, and they lack capacity to make a new Will, it may be possible to make an application for a Statutory Will through the Court of Protection.