4 reasons your will could be contested and how to protect it 

When you pass away, you want to be sure your wishes are honoured and your chosen beneficiaries receive their intended inheritance.

But if your will is contested, your assets might not be distributed as you intended. In fact, according to Which?, the number of applications to block probate (known as “caveats”) reached 11,362 in 2024 – a 56% increase compared with 2019.

What’s more, with over £7 trillion expected to pass to the next generation by 2050, according to Today’s Wills and Probate, the prevalence of will disputes could continue rising in the years to come.

Multiple factors are driving this trend, from rising life expectancies to the growing popularity of “homemade” wills.

Read on to discover four of the most common reasons your will could be contested and key steps you can take to help avoid a probate dispute after your death.

 

1. Your family is surprised by the contents of your will

Often, loved ones will assume certain assets will be left to them when a testator – the person who made the will – passes away.

In fact, they might even be depending on a particular amount to secure their financial future. FTAdviser reports that 22.5 million UK adults are estimated to be financially dependent on an inheritance, with 27% saying they will go into debt without it.

Moreover, as life expectancies rise, many people will wait longer for their inheritance and potentially receive less as testators’ financial circumstances and family dynamics evolve over an extended period.

As a result, a disappointed beneficiary may attempt to prevent probate from being granted while they challenge their entitlement.

A letter of wishes can help prevent surprises after you die

By discussing the contents of your will with your beneficiaries, you can help avoid any surprises during probate. If you don’t feel comfortable having this conversation, you might consider including a letter of wishes alongside your will to explain your decisions.

Not only could this help your loved ones understand your reasoning, but by being transparent, you could enable those relying on an inheritance to plan for their future.

Letters of wishes are not legally binding but may be taken into account by the executor of the estate.

 

2. Your will contains errors or ambiguities

Increasingly, people are choosing to draft their own wills without the support of qualified professionals. This can be an appealing route, with some deeming DIY wills a cheaper and easier way to document their wishes.

However, these “homemade” wills can often contain errors or ambiguities, triggering a legal dispute as beneficiaries try to ascertain and carry out the testator’s wishes.

Errors might include:

• Names spelled incorrectly
• Listing items that don’t belong to your estate
• Leaving out important assets.

An ambiguity could look like:

• Unclear sentence structures or grammar
• Illegible handwriting.

If, as mentioned above, your family is surprised by the contents of your will, a homemade document could lead them to question its legitimacy.

Getting professional support can help reduce the likelihood of disputes

By working with a solicitor to draft your will, you can help make sure it is accurate, legible, detailed, and includes all your assets. They can also help demonstrate the legitimacy of your will by taking comprehensive notes throughout the process.

Additionally, a financial planner could help provide your solicitor with a full picture of your estate, ensuring all relevant assets are included and lifetime gifts are taken into account.

 

3. Your beneficiaries believe you lacked the mental capacity to make a will

Legally, you must have testamentary capacity to make or amend a will. This means you must fully understand the nature of making a will, the extent of your estate, and who might reasonably expect to inherit.

With many people living longer, the number of people with dementia is expected to rise in the years ahead. Alzheimer’s Society forecasts that 1.4 million people in the UK could be living with dementia by 2040. However, as of 2024, more than a third of those living with dementia were undiagnosed – potentially raising questions around their capacity to make a will.

If your beneficiaries believe you lacked the mental capacity to make a will, they could attempt to have your will invalidated. In some cases, they might suspect you were manipulated or pressured into making unusual decisions or were unaware of what you were doing.

Take steps to demonstrate your capacity to make a will

By taking detailed notes as you make your will, a solicitor could help demonstrate your testamentary capacity should it be questioned after your death. Additionally, you might consider having your capacity assessed by a GP or specialist. They can provide written evidence supporting your capacity to make a will.

 

4. Your will is out of date or there are multiple versions of it

Often, people will make a will and forget to update it as their financial circumstances and family situations change. So, while your will may be accurate, detailed, and comprehensive at the time, it could be ambiguous when it’s time to divide your estate.

For example, if you sell or purchase property, beneficiaries pass away, or new family members are born, your will may be contested if you haven’t kept it up to date.

Additionally, even if you do keep your will up to date, poor documentation can cause confusion as to which will is the most recent – potentially resulting in a dispute after you die.

Regularly review and update your will

A financial planner can help ensure your will remains accurate and unambiguous as your situation evolves. By regularly reviewing your financial circumstances and discussing any changes to your family dynamics with a financial planner, you could reduce the risk of your will being contested after you pass away.

A solicitor can also help make sure your will is stored securely and the latest revisions are clearly documented.

 

Get in touch

If you’re worried about your will being contested after you pass away, get in touch for estate planning support. Email info@chancellorfinancial.co.uk, or call 01204 526 846 to speak to an adviser.

 

Please note

This article is for general information only and does not constitute advice. The information is aimed at retail clients only.

All information is correct at the time of writing and is subject to change in the future.

The Financial Conduct Authority does not regulate estate planning or will writing.