Top 5 Myths About Will Disputes

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.

Don’t Fall Into These Traps When Challenging a Will

Will disputes in England and Wales are increasingly on the rise, so here are the top 5 myths about will disputes which you should know. We have found the public understanding of how challenging a will works is often based on TV dramas, pub chats and half-remembered stories from relatives. When a family member dies, emotions run high and miscommunication and misinformation can spread quickly. This can result in someone walking away from a bringing a contentious probate claim which they could legitimately pursue.

We partner with a panel of highly experienced contentious probate solicitors who offer a free, initial consultation.

Myth 1: “If a will seems unfair, you can automatically challenge it”

In our experience, the most common misconception is that unfairness alone gives you the right to dispute a will, but this thinking is incorrect. English and Welsh law protects testamentary freedom which basically means people can leave their estate to whoever they want to, even if that choice feels morally questionable to some family members.

Therefore, a will can only be challenged on specific legal grounds, such as:

• Lack of testamentary capacity
• Undue influence
• Lack of knowledge and approval
• Improper execution
• Fraud or forgery

Meanwhile there’s also a separate type of claim under the Inheritance (Provision for Family and Dependants) Act 1975 which allows certain people to seek reasonable financial provision. But even then, the court isn’t correcting “unfairness”; it becomes a case of assessing financial need and dependency.

Real Life Scenario: Imagine a father leaves his entire estate to a charity, excluding his adult daughter. The daughter feels hurt and angry, believing the will is “unfair.” However, unless she was financially dependent on him or can show a legal flaw in the will’s creation, she may not have any grounds to challenge it.

Our tip: Before taking action, contact a solicitor to assess whether your concern is moral, emotional, or legal. Only the last one opens the door to challenging a will.

Myth 2: “A will written at home is invalid”

Homemade wills have a bad reputation and often for good reason as generally they’re more prone to mistakes. But they are not automatically invalid. A will is valid if it meets the legal requirements under the Wills Act 1837. This is regardless of whether it was drafted by a solicitor, typed on a laptop, or written on the back of an envelope.

Importantly, the real issue is whether the will was executed correctly and whether the person making it understood what they were signing.

Practical Scenario: A man writes his own will using an online template. He signs it in front of two neighbours, who also sign. The will leaves everything to his partner. His estranged son later claims the will is invalid because “Dad downloaded it from the internet.”  However, the will may in fact be perfectly valid if the formalities were followed.

Our Tip: Homemade wills are not inherently defective, but they are more vulnerable to challenge because mistakes are more likely. If you’re disputing one, focus on execution, capacity, or suspicious circumstances and not the fact it wasn’t drafted by a solicitor.

 Myth 3: “You can challenge a will at any time”

In our experience, this myth causes more lost claims than almost anything else. Time limits around contentious probate claims are legally strict, and some are a lot shorter than you might expect: .

• Claims under the Inheritance Act: 6 months from the date of the grant of probate.
• Claims based on validity (e.g., undue influence, lack of capacity): no fixed statutory deadline, but any delay can seriously weaken your case.
• Claims for rectification: 6 months from the grant.

People are often feel overwhelmed by the loss of a loved one and often assume they can “wait and see” or “deal with it after the funeral.” Unfortunately, this is not how it works in real life.

Typical Scenario: A woman discovers she has been left out of her mother’s will. She assumes she has “a year or two” to sort things out. By the time she seeks advice, probate was granted eight months earlier. Her Inheritance Act claim is now out of time, and she must rely on the court’s discretion to allow a late claim which is particularly difficult to achieve.

Our Tip: If you suspect a problem, act early. You don’t need to launch a full claim immediately, but you do need to protect your position. Your solicitor can place a caveat or open early correspondence to stop the estate progressing too far.

Myth 4: “Only close family members can dispute a will”

This myth persists because many people confuse challenging the validity of a will with claiming financial provision. They are quite different.

Anyone with a legitimate interest can challenge the validity of a will, such as:

• A beneficiary under a previous will
• Someone entitled under intestacy
• A creditor
• A person who stands to gain if the disputed will is set aside

On the other hand, only certain categories of people can bring an Inheritance Act claim, such as spouses, cohabitees, children, and dependants.

Real Scenario: A man leaves his estate to his new partner. His brother, who was a beneficiary under an earlier will, believes the new partner pressured him into changing it. The brother is not a “dependent,” but he can challenge the will’s validity because he would inherit under the earlier will if the new one is set aside.

Our tip: Don’t assume you’re excluded just because you’re not a spouse or child. The key question is whether you have a legal interest in the outcome.

Myth 5: “Will disputes always end up in court”

The image of siblings battling it out in a courtroom is dramatic and a favourite in many TV series set in the legal world, but it’s not the norm. In fact, most will disputes settle long before trial, often through negotiation or mediation. It’s worth knowing that our courts actively encourage alternative dispute resolution (ADR) because it saves time, money, and emotional strain for everyone involved.

Real Life Scenario: Two sisters disagree about whether their mother had capacity when she made her final will. After exchanging medical records and witness statements, they attend mediation. They reach a compromise that honours their mother’s intentions while avoiding a costly trial.

Our tip: A strong case doesn’t always mean you should “fight to the end.” Settlement can help to preserve family relationships, reduce costs, and give you more control over the outcome.

Starting a Contentious Probate Claim the Right Way

If you believe you have grounds to dispute a will, the best starting point is a calm, conversation with a specialist solicitor who will carefully consider your case. They can review the will, check probate status, identify deadlines, and advise on immediate protective steps such as caveats or early disclosure requests.

What you should avoid is confronting family members, making accusations without evidence, or delaying until probate is well underway. Taking action early on gives you the strongest footing and prevents avoidable mistakes that can weaken or even nullify your claim.

Our partner panel of solicitors offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding, so speak to our team to find out more.

You can contact us today at 0333 358 3034 or complete our online contact form to arrange your initial no-obligation telephone consultation.