How to Reduce the Risk of a Will Being Contested

A significant number of successful will challenges relate to how the will was signed and witnessed rather than what it says. The Wills Act 1837 requires the will to be signed by the person making it, or by someone else in their presence and at their direction, in the presence of two witnesses who are both present at the same time, and who then also sign the will themselves.

Neither witness, nor their spouse or civil partner, should be a beneficiary under the will, since this voids that person's gift. Following clear, written signing and witnessing instructions, of the kind provided with a proper will-writing service, removes most of this risk at very little cost or effort.

If there is any reason to doubt that a challenge on capacity grounds might arise, for example due to age, illness, or a recent diagnosis, it is worth taking extra steps to record evidence of capacity at the time the will is made. This might include a GP or other medical professional confirming capacity in writing shortly before or after signing.

Even where there is no particular concern, keeping a simple record of when and how the will was made, and being clear-headed and unhurried during the process, provides useful reassurance if the circumstances of the will are ever questioned years later.

If your will contains a decision that might surprise or upset a family member, such as leaving a child less than a sibling, excluding someone altogether, or leaving a larger share to a carer or friend, a letter of wishes can explain your reasoning in your own words. It is not legally binding, but it provides valuable context and can demonstrate that the decision was considered rather than accidental or the result of pressure from someone else.

A letter of wishes works best when it is calm, factual and written close to the time of the will, avoiding language that could itself be read as evidence of animosity or confusion. It should be kept safely with the will, and your executor should know where to find it.

Some people ask about adding a clause stating that any beneficiary who challenges the will forfeits their gift. These clauses have limited legal effect in England and Wales. They cannot stop a genuine claim under the Inheritance Act 1975, and they have no deterrent effect at all on someone who is being left nothing under the will, since there is no gift for them to lose.

Where such a clause can occasionally help is in discouraging a beneficiary who has been left a meaningful gift from risking it over a minor grievance. It should be seen as a small additional measure, not a substitute for proper drafting, clear evidence and thoughtful planning.

Appointing a reliable, impartial executor, or more than one, can reduce the risk of disputes escalating into legal challenges, since a well-organised administration with clear communication tends to defuse tension before it grows into something more serious. Keeping other beneficiaries reasonably informed, without oversharing sensitive details, also helps.

Finally, the process by which the will is made matters. A will prepared through a structured, guided process, whether with a solicitor or a reputable online service, that keeps a record of instructions and provides clear signing and witnessing guidance, is generally more resilient to challenge than one drafted informally or under time pressure.

Some situations carry a materially higher risk of challenge, including excluding a spouse or child, leaving assets very unevenly between siblings, providing generously for a new partner ahead of children from an earlier relationship, or making the will shortly after a diagnosis affecting mental capacity.

In these higher-risk situations, it is sensible to take individual legal advice in addition to following the general good practice set out above, since a solicitor can assess your specific circumstances and help build a stronger evidential record around your decisions.