How A Lockdown Will May End in a Probate Dispute

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

Contesting a Will Made During Lockdown in England & Wales

Wills have to be properly drawn up and signed according to strict laws in England and Wales, so with emergency legislation during Covid, we look at how a ‘lockdown will’ may now end in a probate dispute. During the pandemic period, there was rushed will-making, reduced solicitor oversight and remote witnessing.

All these factors created conditions where mistakes became more common, making the wills made during that time, more vulnerable to challenge today.

As families continue to deal with estates of loved ones who made wills during the pandemic, small mistakes such as a missed signature or incorrect witness process may open the door to a will being declared invalid.

The Rise of Lockdown Wills & Why They’re Being Challenged

When the UK entered lockdown in March 2020, according to a BBC report there was a sudden rise in the number of people updating or creating their wills. The report cited a London-based wealth management company highlighting a 50% increase in enquiries as people were “being sadly confronted with their own mortality”.

In the lockdown scenario, many were shielding, isolated, or unable to meet a solicitor face‑to‑face. As a result, will‑making shifted from a supervised legal process to a DIY environment, often relying on neighbours, carers, or family members to act as witnesses.

Emergency legislation allowed remote witnessing via video-conferencing, but the sudden shift created three primary issues which have contributed to an increase in probate disputes:

• Improvised witnessing arrangements
• Reduced solicitor supervision
• Increased procedural mistakes

Were Pandemic Wills Properly Witnessed?

Proper witnessing is essential for a valid will under the Wills Act 1837. During lockdown, however, witnessing became one of the most problematic steps:

1. Remote Witnessing via Video Link

The UK government temporarily allowed wills to be witnessed over Zoom, Skype, or FaceTime. While this kept people safe with regards to the Covid virus, it also created some technical and procedural risks:

• Witnesses could not always clearly see the testator sign.
• Poor camera angles made it unclear whether the signature was genuine.
• Some witnesses signed counterpart copies incorrectly.
• The required “line of sight” was sometimes not met.

These issues now form the basis of many challenges, especially if the video recording is missing or unclear.

2. Witnesses Not Physically Present

Some lockdown wills were witnessed through windows, across gardens, or from parked cars. While creative, these methods often failed to meet legal requirements, especially where witnesses were not truly in the testator’s line of sight.

3. Witnesses Who Should Not Have Been Involved

In some cases, beneficiaries or their partners acted as witnesses which results in invalidating gifts under the will. But without solicitor oversight, such a mistake may have gone unnoticed at the time.

4. Lack of Solicitor Supervision During Lockdown

Solicitors adapted quickly during the pandemic, but many people still made wills without professional help. This reduced oversight has led to will challenges where families argue that the will does not reflect the testator’s true intentions or that the legal process was flawed. Even where solicitors were involved, remote working created gaps where:

• Instructions were taken over the phone rather than in person.
• Capacity assessments were harder to carry out.
• Solicitors could not supervise the signing process directly.
• Drafting errors were more likely to slip through.

How Small Procedural Mistakes In a Lockdown Will Can Lead to Probate Claims

Contentious probate claims often arise from small errors that would normally be avoided in an environment which is being carefully supervised by a solicitor. When families disagree about what the deceased intended, these procedural mistakes become the foundation of a formal dispute.

Common mistakes in a lockdown will may include:

• Missing or incomplete signatures
• Incorrect witness details
• Witnesses signing in the wrong order
• No confirmation that the testator acknowledged their signature
• Unclear amendments or handwritten changes
• Multiple versions of the will with conflicting dates

Any of these issues may undermine and cast doubt on the will’s validity.

Grounds for Contesting a Lockdown Will

Lockdown wills are being challenged on different legal grounds and the most common include:

Lack of due execution

If the will was not signed and witnessed correctly, it may be invalid. Remote witnessing errors have the potential to become a major factor here.

Lack of testamentary capacity

Isolation, illness, and medication during the pandemic made capacity assessments more complex. Without solicitor involvement, capacity evidence is often weak.

Undue influence

Shielding and isolation meant many vulnerable people relied heavily on carers or specific family members. This created opportunities for pressure or manipulation.

Lack of knowledge and approval

If the will was prepared quickly or without proper explanation, the testator may not have fully understood its contents.

Fraud or forgery

Remote processes made it easier for signatures to be disputed or for documents to be altered without detection.

Rectification claims

Errors in drafting and this applies especially in DIY wills,  can lead to disputes about what the will was meant to say.

Note: Our recent call data analysis carried out over a three month period indicated that capacity concerns appear repeatedly with common references to serious illness, dementia, cognitive decline, dependency upon another person and vulnerability shortly before death. Bearing in mind that the Covid pandemic may have exacerbated any of these factors, it’s understandable why there have been issues raised by families regarding wills made during the lockdown period. 

Why You Should Speak to a Contentious Probate Solicitor Early

If you are involved in a dispute over a lockdown will, early legal advice is essential as probate disputes are complex. Contentious probate claims tend to be time‑sensitive, evidence‑heavy, and often emotionally charged for family members.

We partner with experienced contentious probate solicitors who can:

• Assess whether the will is likely to be valid
• Identify procedural errors that strengthen your claim
• Secure witness statements before memories fade
• Obtain medical records to support capacity arguments
• Preserve digital evidence such as video‑witnessing recordings
• Prevent executors from distributing the estate prematurely

Why Should You Start a Claim as Soon as Possible?

In a contentious probate claim, time is one of your most valuable assets and delays can seriously weaken a probate claim. In short, acting quickly ensures:

• Evidence is still available
• Witnesses can recall events accurately
• Executors are prevented from progressing probate
• Suspicious circumstances can be investigated

• The estate remains intact while the dispute is resolved and avoids the risk of assets being sold or transferred before the dispute is resolved.

FAQs: Evidence to Gather When Starting a Probate Dispute Involving a Lockdown Will

Below are key items that strengthen a claim involving a lockdown will which may have become the subject of a will dispute. Your solicitor can help to obtain relevant evidence, such as :

• Video‑witnessing recordings: If the will was witnessed remotely, the recording is crucial.
• Draft versions of the will: These help to show how instructions changed.
• Medical records: Useful for capacity assessments.
• Witness statements: Especially from those present during signing.
• Solicitor correspondence: Emails and notes reveal how instructions were taken.
• Handwritten notes or amendments: These may show uncertainty or external influence.
• Digital metadata: Timestamps on scanned documents can expose inconsistencies.

How To Get Started

If a loved one has passed away and you suspect something may be amiss with their will which was made during lockdown, we will give you the support and understanding you need to start a claim at this difficult time.

Our partner solicitors offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.

For a free, initial consultation:

📞 Call us: 0333 358 3034

📝Visit our Contact Us page