Contesting a will is something no one ever wants to face, yet it’s more common than many realise. Whether it’s confusion over the final wishes or suspicion that something wasn’t quite right, challenges to wills can cause deep rifts in families and long, expensive legal battles. So why do people contest wills, and what can be done to avoid it? Here are five of the most common reasons—and practical steps to help prevent them.
1. Suspicious Circumstances or Undue Influence
One of the leading reasons wills are challenged is the belief that someone pressured or manipulated the person into changing their will. This is known as “undue influence”, and it often arises when a vulnerable person—especially in old age—is isolated or dependent on a single individual. If a will suddenly benefits one person disproportionately, especially someone who wasn’t previously involved in the estate, it can raise red flags. How to avoid it: Always make your will through a qualified solicitor, ideally with a witness or capacity assessment. Keeping a clear paper trail and avoiding private, secretive changes can go a long way in protecting your wishes.
2. Lack of Mental Capacity
For a will to be valid, the person making it (the testator) must have mental capacity at the time it’s written. If someone is showing signs of dementia, memory loss, or confusion, their decisions may later be questioned. Family members might argue the person didn’t fully understand what they were signing. How to avoid it: Get a formal capacity assessment if there’s any doubt. This could be a GP letter or expert opinion at the time the will is made. It’s also wise to act early—waiting until health declines adds unnecessary risk.
3. Last-Minute Changes
A sudden rewrite of a will shortly before someone passes away is one of the biggest triggers for disputes. It might seem harmless to tweak a few details, but if major beneficiaries are removed or added at the last minute, others may suspect foul play. How to avoid it: Plan ahead and review your will regularly, not reactively. If changes are needed, document the reasons thoroughly and involve a solicitor. A detailed note explaining the rationale behind the change can be extremely helpful if questions arise later.
4. Unequal Distribution Among Family Members
It’s your right to leave your estate as you choose, but leaving significantly different amounts to children or other close relatives often sparks conflict. If there’s no clear explanation, those who receive less may believe the will doesn’t reflect the true wishes of the deceased. How to avoid it: If you choose to divide your estate unequally, explain your reasoning clearly—ideally in a letter of wishes or through legal documentation. This doesn’t have to be shared during your lifetime but can be invaluable after your death.
5. Claims Under the Inheritance Act
Even if a will is technically valid, certain individuals—such as spouses, children, or dependants—can still make a legal claim if they feel they’ve not been provided for reasonably. This is especially relevant in modern families with stepchildren, unmarried partners, or estranged relatives. How to avoid it: Consider who might reasonably expect to inherit from you, and whether excluding them could trigger a claim. Where appropriate, speak with your solicitor about trusts or lifetime gifts that may reduce risk.
Warning Signs and Prevention Tips
If your will was written without legal advice, includes sudden changes, or omits close family without explanation, it may be more vulnerable to challenge. To reduce the risk, always use a regulated solicitor, keep detailed records, and have witnesses who are independent and unrelated. Regularly reviewing your will—especially after major life events—also helps keep it up to date and defensible.
Wills are more than legal documents—they’re a reflection of your final wishes and your legacy. Taking the time to prepare one properly, and making sure it’s clearly documented and legally robust, is one of the kindest things you can do for your loved ones. A well-prepared will doesn’t just avoid disputes; it brings clarity, fairness, and peace of mind.
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