Can Someone Challenge My Will?

To make a valid will, you must have testamentary capacity at the time you sign it. This means understanding the nature of making a will and its effects, the extent of the property you are disposing of, and the claims of people who might expect to benefit, without being affected by a disorder of the mind that distorts your decisions.

Challenges on this ground often arise where the will was made shortly before death, during a serious illness, or where there was a diagnosis of dementia or cognitive decline. Solicitors often ask a GP or other medical professional to confirm capacity when there is any doubt, and keeping a record of this assessment at the time is one of the strongest protections against a later challenge.

Separately from capacity, a will can be challenged if it is unclear that the person making it actually knew and approved of its contents. This ground sometimes arises where someone else was heavily involved in preparing the will, particularly if that person also benefits significantly under it, or where the will was signed in unusual or suspicious circumstances.

This is one reason it is generally best practice for the person making a will to give instructions themselves, ideally without a beneficiary present, and for the process to be properly documented, whether through a solicitor or a reputable online will service that keeps clear records of the instructions given.

A will can be set aside if it was made because of undue influence, meaning the person making it was coerced or pressured into making decisions they would not otherwise have made. This is different from simple persuasion, which is not unlawful, and undue influence can be difficult to prove because it typically happens without witnesses.

Fraud covers situations such as a will being forged, altered without authority, or based on lies told to the person making it about another beneficiary in order to influence their decisions. Both undue influence and fraud are serious allegations and the burden is on the person making the claim to prove them.

For a will to be valid it must satisfy the formalities in the Wills Act 1837: it must be in writing, signed by the person making it, and that signature must be made or acknowledged in the presence of two witnesses who are both present at the same time and who then sign the will themselves. If these steps are not followed correctly, the will can be found invalid regardless of its contents.

Common execution problems include a beneficiary or their spouse acting as a witness, which voids that beneficiary's gift, witnesses not being present together, or documents being signed out of order. Using a will-writing process with clear, step-by-step signing and witnessing instructions significantly reduces this risk.

Separately from challenges to the will's validity, certain people, including spouses, civil partners, children, and some dependants, can apply to court for reasonable financial provision from an estate under the Inheritance (Provision for Family and Dependants) Act 1975, even where the will itself is entirely valid.

This is not a challenge to the will's validity but a separate claim that the provision it makes, or the intestacy position, is not reasonable in the circumstances. It is the route most often used by disappointed family members rather than allegations of invalidity.