Will Validity Claims

Expert guidance on challenging or defending the validity of a will

A will is intended to reflect a person’s genuine wishes for how their estate should be distributed after death. However, in some cases, serious concerns arise about whether a will is legally valid or truly represents the intentions of the person who made it. Disputes over will validity are often complex, emotionally charged, and can involve substantial estates or long-standing family tensions.

Challenging or defending a will requires careful legal analysis, strong evidence, and a sensitive approach. Without early specialist advice, disputes can escalate quickly, resulting in lengthy litigation, increased costs, and irreparable damage to family relationships.

At Ellis-Fermor & Negus, we advise clients on all aspects of will validity claims. We act for both individuals seeking to challenge a will and executors or beneficiaries defending one. Our solicitors provide clear, practical guidance at every stage, helping you understand your position, manage risk, and pursue the most effective route to resolution.

What Are Will Validity Claims?

A will validity claim is a legal challenge that questions whether a will is legally enforceable. Unlike claims about fairness or financial provision, will validity disputes focus on whether the will itself should stand.

A will may be challenged where there are concerns that:

• Legal formalities were not followed
• The testator lacked the required mental capacity
• The will was made under undue influence or pressure
• Fraud or forgery is suspected
• The testator was mistaken or misled about the contents or effect of the will

These claims are governed by a combination of statutory requirements and long-established case law. Each claim is highly fact-specific and requires careful investigation and evidence gathering.

1. Lack of Testamentary Capacity

For a will to be valid, the testator must have had the mental capacity to make it at the time of signing. This means they must have understood:

• The nature and purpose of making a will
• The extent and value of their estate
• Who might reasonably expect to benefit
• The consequences of the decisions they were making

Medical evidence, solicitor attendance notes, and witness statements are often critical in capacity disputes, particularly where the testator was elderly or unwell.

2. Undue Influence

Undue influence occurs where someone exerts pressure over the testator to the extent that the will no longer reflects the testator’s free will. This is a high legal threshold and requires compelling evidence.

Indicators may include:

• Sudden or unexplained changes to a will
• Exclusion of close family members without explanation
• Dependency on or isolation by another individual
• The involvement of a beneficiary in the will-drafting process

Step 1: Assessing the Claim

We begin by assessing whether there are reasonable prospects of success. This includes reviewing:

• The will and any earlier versions
• Evidence of the testator’s capacity
• Circumstances surrounding execution and witnessing
• Medical and professional records

Step 2: Pre-Action Negotiation

Many will disputes are resolved without court proceedings. We aim to:

• Raise formal concerns with executors or beneficiaries
• Request disclosure of key documents
• Explore settlement options
• Consider mediation or other ADR

Early resolution can significantly reduce cost and stress.

Acting for Both Claimants and Defendants

We regularly act for:

• Individuals challenging a will
• Executors defending the validity of a will
• Beneficiaries seeking to protect their inheritance

This dual perspective allows us to provide realistic advice on strengths, weaknesses, risks, and likely outcomes.

Funding a Will Validity Claim

Funding options may include:

• Private funding
• Conditional fee agreements (no win, no fee) in suitable cases
• Legal expenses insurance, where available

We explain funding options clearly at the outset so you can make informed decisions.

• Challenging a will: Acting for a beneficiary alleging lack of capacity, we secured a negotiated settlement providing fair provision without a trial.
• Defending a will: Represented an executor accused of undue influence, successfully upholding the will and controlling costs.
• Complex dispute: In a case involving alleged fraud and mistake, we guided the parties to a confidential settlement without full litigation.