Signs that your Will might be challenged – and what to do about it

Why wills get challenged

A will can be challenged for a few main reasons: family members claiming they were not adequately provided for (Family Protection Act 1955), promises made for services that were not kept (Law Reform (Testamentary Promises) Act 1949), relationship property rights (Property (Relationships) Act 1976), and questions about whether the will is valid at all — including capacity, undue influence, or the signing and witnessing rules.

Not every unhappy relative can overturn a will, and not every challenge succeeds. But some wills carry warning signs that make a challenge far more likely — and much of that risk can be reduced before the will is signed.

Common warning signs

A will is more likely to be challenged when any of the following are present:

• a spouse, partner or child is left out entirely, or receives far less than they might expect;
• the will makes dramatic changes to long-standing plans without explanation;
• a new partner, caregiver or recent acquaintance benefits suddenly;
• the will is kept secret and the family first learns of it after death;
• there were concerns about the will-maker’s memory, understanding or capacity;
• someone close to the will-maker was applying pressure or controlling access to them;
• a promise was made to someone for services — such as years of care or work — that the will does not reflect;
• relationship property with a former or current partner was never settled;
• there are several wills, unclear revocations, or the original cannot be found; or
• the document was not signed and witnessed properly, or was changed after signing.

Blended families and stepchildren also raise the risk of dispute, because different family members often have very different expectations about what is fair.

What to do before you sign

If any of these signs apply to your situation, the best time to act is now — before signing:

• get independent legal advice from a wills and estates lawyer;
• if you are excluding or reducing provision for someone, understand the risk and decide deliberately;
• talk to family where appropriate — surprises are the biggest driver of disputes;
• record your reasons in your own words, so they can be explained later;
• if there is any doubt about capacity, obtain a medical opinion around the time the will is made;
• make sure the will is dated, signed and witnessed correctly, and destroy old wills;
• honour promises made for services, or get advice about the consequences of not doing so; and
• sort out relationship property separately, rather than hoping the will fixes it.

A letter or note explaining your decisions does not remove a family member’s right to claim, but it can help a court — and your family — understand your genuine intentions and reasons.

What to do if a will is challenged

If you are an executor or family member facing a challenge after someone has died:

• do not distribute the estate — once assets are distributed, undoing it is far harder;
• get legal advice early, before responding to the claim;
• gather the evidence: the original will, notes, medical records, and statements from people involved;
• understand that mediation or negotiation can resolve many claims without a court hearing; and
• remember that the estate often pays the reasonable costs of a genuine dispute, which reduces what is left for everyone.

The bottom line

The best protection against a challenge is a will that is deliberately made, properly executed, adequately provides for the people with a reasonable claim, and is explained to the people who need to understand it. Warning signs are exactly that — a signal to slow down and get advice, not a reason to avoid planning. Our guide on legal issues, guide on capacity, and guide on undue influence cover the underlying issues in more detail.