What Evidence Is Needed to Contest a Will?

Written by Tanya Waterworth, Digital Content Writer

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

Here Are The Main Grounds To Dispute a Will

Challenging a will is never an easy decision, but if you find yourself in this situation, the next question is what evidence is needed to contest a will? Emotions can run high after the death of a loved one, especially if their final wishes appear to be unfair, unclear or possibly invalid. However, if you believe the will does not reflect the true intentions of the person who made it (testator), you may be legally entitled to challenge it.

Such disputes fall under contentious probate claims and success in contesting a will depends on the strength of your evidence. Your claim also must fit into recognised grounds for disputing a will in England and Wales.

Can You Legally Contest a Will in England and Wales?

Yes. You can contest a will if you have legal standing. Usually, this includes:

• Beneficiaries named in the will
• Individuals who would inherit under intestacy rules
• People financially dependent on the deceased
• Executors or trustees with a legal duty to administer the estate
• Individuals named in an earlier will who were removed

You cannot challenge a will simply because you don’t like its outcome. You must demonstrate that the will is invalid or that you are entitled to financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

Both routes require evidence.

The Main Grounds for Contesting a Will in England and Wales

To build a strong case, you must first understand the legal grounds under which a will can be challenged. The five main categories are:

Lack of Testamentary Capacity

A testator must have “sound mind” to make a valid will. They must:

• Understand they are making a will
• Comprehend the nature and extent of their assets
• Recognise the people who might have a claim
• Not suffer from a disorder of the mind affecting decisions

Evidence is crucial.

Common signs capacity may have been compromised include:

• Dementia or Alzheimer’s diagnosis
• Mental health conditions
• Cognitive decline due to age or medication
• Brain injury or neurological conditions

Family disputes often arise when a will is prepared late in life, after a significant health deterioration.

Best Evidence for Contesting a Will on Capacity Grounds

• GP and hospital medical records
• Reports from neurologists or psychiatrists
• Statements from carers or care home staff (see also our guide on : Care Home Records Used As Evidence to Contest a Will)
• Witness statements from friends or family
• The solicitor’s will file, including capacity assessments
• Attendance notes showing confusion or misunderstanding

Lack of Valid Execution

A will is only valid if it follows the strict legal requirements of the Wills Act 1837. For a will to be properly executed, it must be:

1. In writing
2. Signed by the testator
3. Witnessed by two independent witnesses, who are present at the same time
4. Signed by the witnesses in the testator’s presence

If these requirements were not followed, the will may be invalid.

Best Evidence for Execution Challenges

• The original signed will
• Witness statements describing the signing process
• Solicitor records showing how the will was executed
• Video or audio evidence (less common, but increasingly relevant)

Undue Influence

If someone pressured, manipulated, or coerced the testator into making or changing a will, the will may be invalid due to undue influence. This ground is challenging but not impossible to prove.

Types of undue influence include:

• Physical or emotional pressure
• Threats or intimidation
• Isolation of the testator from family
• Over-involvement by a caregiver or relative
• Control over finances or daily decisions

Best Evidence for Undue Influence

• Emails, letters, texts demonstrating pressure
• Witness statements showing coercive behaviour
• Expert reports on the testator’s vulnerability
• Financial documents showing suspicious transactions
• Evidence of sudden last-minute will changes
• Attendance notes revealing a dominant third party

Lack of Knowledge and Approval

Even if the will was properly executed, it can still be invalid if the testator did not fully understand or approve its contents.

This is especially relevant when:

• The will benefits someone unexpectedly
• The deceased was elderly, frail, or visually impaired
• The will appears inconsistent with previous wishes
• The person assisting with the will stands to benefit

Best Evidence for Knowledge and Approval Claims

• Solicitors’ notes and drafting explanations
• Evidence showing the testator could or could not read
• Differences between earlier and final wills
• Statements from those present at the signing
• Medical evidence showing confusion or impairment

Fraud or Forgery

This includes:

• Fake signatures
• Changed pages
• Destroyed or altered wills
• Someone pretending to be the testator
• Wills made without the testator’s knowledge

Fraudulent wills are rare but taken extremely seriously.

Best Evidence for Forgery Claims

• Handwriting expert (graphologist) reports
• Forensic ink analysis
• Evidence of suspicious timing or motive
• Witness statements disproving the signing
• Comparison with previous signatures
• Solicitor or will-writer records

Evidence Needed for Claims Under the Inheritance Act 1975

If the will is valid but does not provide you with “reasonable financial provision,” you may bring a claim under the Inheritance Act.

Eligible applicants include:

• Spouses or civil partners
• Former spouses (not remarried)
• Cohabiting partners of 2+ years
• Children (including adult children)
• Step-children or foster children treated as family
• People financially dependent on the deceased

Key Evidence for Inheritance Act Claims

• Proof of financial dependence
• Evidence of the standard of living before death
• Your income, assets, debts, and needs
• The size and nature of the estate
• Medical or care-related financial needs
• Statements showing expectations or promises made to you

Additional Evidence That Strengthens Any Will Dispute

Regardless of the grounds, gathering additional supporting evidence can strengthen your case considerably. This may include:

Useful Additional Evidence

• Earlier wills showing major discrepancies
• Bank records revealing unusual withdrawals
• Video or audio recordings of conversations
• Emails or texts showing intentions
• Calendar notes, diaries, or handwritten drafts
• Care home logs or GP visit records
• CCTV footage (e.g., from care homes)
• Social media posts revealing influence or conflict

The more consistent your evidence, the more likely your claim will succeed.

Steps You Should Take Immediately if You Want to Contest a Will

Acting quickly protects your position and prevents assets being distributed before you can challenge the will.

1. Request a copy of the will

This confirms the contents and executors.

2. Enter a “Caveat” at the Probate Registry

This prevents the estate from being distributed while your dispute is investigated.

3. Gather evidence early

Memories fade, documents disappear, and witnesses become harder to trace.

4. Request the solicitor’s will file

This often contains crucial evidence.

5. Seek specialist legal advice

Will disputes are technical and time sensitive. An experienced contentious probate solicitor can assess your evidence and advise on your likelihood of success.

How Can We Help Today?

Contesting a will in England and Wales is entirely possible, but success depends on clear and credible evidence.

If you’re unsure whether you have enough supporting material, speak with a contentious probate solicitor as early as possible. It is essential to take action as quickly as possible due to strict time limits and to obtain evidence before it is lost or mislaid.

 So, if you’re dealing with a deceased relative’s estate and need some help today, get in touch with us now on 0330 818 0351 or complete our online contact form.