Unfair Will: What Can I Do?

 

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.

 

When A Will is Unfair – or Invalid

If you’re asking ‘that’s an unfair will: what can I do? – you’re not alone. Finding out you’ve been left out of a will, treated differently to siblings, or given far less than you expected can feel like a punch in the stomach. It’s not just about money, but rather fairness, recognition and coming to terms with family relationships.

But, if you believe a will is unfair, you do have options. It comes down to why it feels unfair and whether the will is legally valid. Sometimes red flags signal that there is something wrong with a will, such as the testator lacked mental capacity or was coerced into making the will.

Is the Will Unfair, or Potentially Invalid?

A will can be unfair and still legally valid. Essentially, people are free to leave their estate however they want and to whoever they want, even if it seems cruel or irrational.

However, an “unfair will” can sometimes signals a deeper problem, such as:

• The person was pressured into signing it
• The person lacked mental capacity
• The will was forged or altered
• Proper legal formalities weren’t followed
• Someone exploited vulnerability (especially late in life)

So, your first task is to work out whether you are dealing with:

1. A valid will that you want to challenge on fairness grounds, or
2. A will that may be legally challengeable because something went wrong

That distinction shapes everything.

 

Step 1: Get a Copy of the Will and Confirm the Latest Version

Before you do anything else, you need to see the will.

If you are a beneficiary, you may be given a copy. If you are not, access depends on your jurisdiction, but once probate is filed, wills often become public documents.

You also need to confirm whether it is the most recent will, because families sometimes react to an earlier version and later discover it was replaced.

What to look for immediately

• The date of the will
• Any later codicils (amendments)
• The executor named
• Who benefits and who is excluded
• Whether the distribution changed drastically near the end of life

A sudden rewrite close to death is not proof of wrongdoing, but it’s a common red flag.

 

Step 2: Identify Your Legal Position (Not Just Your Feelings)

An unfair will is emotionally painful, but the law cares about specific relationships and rights.

You need to clarify whether you are:

• A spouse or civil partner
• A former spouse
• A child (including adult children)
• A financially dependent person
• A cohabiting partner
• Someone promised inheritance (in writing or repeatedly)

Your category matters because some claims are based on family provision, while others rely on invalidity.

 

Step 3: Understand the Main Ways People Challenge an Unfair Will

There are two broad routes. Many people confuse them, and that leads to wasted time.

Route A: Challenge the will’s validity

This means you argue the will should not stand because it was not properly made.

Common grounds include:

1. Lack of testamentary capacity
   If the person did not understand what they were signing, what they owned, or who should reasonably benefit, the will may be invalid. This often involves dementia, delirium, or serious illness.
2. Undue influence
   This is when someone pressured, manipulated, or coerced the person into changing the will. It’s difficult to prove, but it’s very real, especially where one person isolated the deceased or controlled access.
3. Lack of knowledge and approval
   This applies when the will was signed but the person may not have fully understood or approved its contents. It may appear someone else arranged the will and benefited heavily.
4. Fraud or forgery
   If a signature is forged, pages are swapped, or documents are altered, the will can be set aside.
5. Failure to follow legal formalities
   Wills must usually meet strict signing and witnessing rules. If the will was not properly executed, it may fail.

If you succeed on validity grounds, the estate may pass under a previous will, or alternatively under intestacy rules.

Route B: Make a “reasonable provision” claim

In England and Wales, certain people can claim the will does not make reasonable financial provision for them under the Inheritance Act 1975.

This does not mean the will is invalid. It means the court may adjust the distribution.

This type of claim often applies to:

• Spouses and civil partners
• Minor children
• Adult children in some circumstances
• People maintained by the deceased

This route is especially relevant when the will is harsh but properly signed.

 

Step 4: Move Fast: Time Limits Can Shut You Out

This is the part many people get wrong, put simply you cannot wait until you “feel ready.”

Some claims have strict time limits, especially family provision claims. If you miss the deadline, you may need special permission to proceed and you might not get it.

Even where no formal deadline applies, delay is risky because:

• assets get distributed
• property gets sold
• money disappears
• evidence becomes harder to gather

If you think the will is unfair and you might challenge it, treat it as time sensitive.

 

Step 5: Gather the Right Evidence – Not Just Family Opinions

Families often argue in circles based on memories and suspicions. Courts do not decide cases based on “everyone knows she manipulated him”.

You need evidence that connects the unfair outcome to a legal issue.

Important evidence that can matter

• Medical records showing cognitive decline
• Care notes from nurses or carers
• Messages or letters showing pressure or isolation
• Witness statements from friends or relatives
• Timeline of will changes
• Evidence someone controlled finances or access
• The solicitor’s file (if a lawyer drafted it)

If a solicitor prepared the will, their file can be crucial. It may show:

• capacity checks
• meeting notes
• who attended
• who gave instructions
• whether the will-maker was seen alone

That kind of detail can make or break a case.

 

Step 6: Consider a Caveat (if relevant)

If you suspect the will is invalid, you may be able to stop probate temporarily. In some places this is done by entering a caveat, which prevents the grant of probate while the dispute is investigated.

This can be a powerful tool, but you must use it responsibly. If you lodge it without a reasonable basis, it can backfire and increase costs.

 

Step 7: Try Early Resolution Before It Turns Toxic

Even when you have a strong claim, will disputes are expensive, slow, and emotionally draining for everyone.

Many cases settle through:

• solicitor-to-solicitor negotiation
• mediation
• structured settlement offers

Why do settlements happen so often? Because:

• evidence is rarely perfect
• everyone wants to avoid costs
• executors want to distribute the estate
• families want closure

If you’re trying to fix an unfair will outcome, a negotiated settlement is often the fastest way to reach something workable.

 

Step 8: Be Realistic About What “Fair” Means Legally

This is where anyone can get blindsided.

Courts do not rewrite wills just because they seem morally wrong. They focus on:

• the deceased’s freedom to choose
• whether the will was properly made
• whether someone who should have been provided for has been left in hardship
• the size of the estate
• competing needs of other beneficiaries

So even if you feel betrayed, your case is strongest when you can show:

• vulnerability
• dependence
• suspicious circumstances
• clear evidence of manipulation
• a sharp change from prior intentions

Fairness matters, but it’s vital that it connect to legal standards.

 

Step 9: Decide the Best Path Based on Your Goal

Not every unfair will requires the same response. Your next move should match what you actually want.

If your goal is to prove wrongdoing

Focus on capacity, undue influence, knowledge and approval, and the solicitor’s file.

If your goal is financial support

Focus on reasonable provision and evidence of need, dependency, or contribution.

If your goal is family peace

Consider mediation early, before positions harden and people say things they regret but  can’t take back.

If your goal is accountability

Even if you settle, you can sometimes require transparency, explanations, and undertakings—especially where an executor’s conduct is questionable.

 

What You Should Do Right Now If a Will Feels Unfair

If you want the cleanest, most effective next steps, do these in order:

1. Get the will and confirm it is the latest version
2. Write down a timeline of health decline and will changes
3. Gather documents and messages quietly
4. Get legal advice early, before probate is granted or assets move
5. Consider whether your claim is about validity, provision, or both

The earlier you act, the more options you keep.

 

Need Help Now?

Firstly, you don’t have to accept an unfair will without question. An unfair will can be legally valid, but it can also be the result of pressure, vulnerability, or manipulation. The key is to move quickly while evidence and options still exist.

We partner with highly experienced lawyers in this field and we will give you the support and understanding you need at this difficult time. Call us at 0330 818 0348 or visit Jefferies Claims Contact Us Page

Our panel of highly experienced contentious probate solicitors offer a range of fee structures, including ‘No Win, No Fee’ agreements, along with other flexible funding.