Solicitors Specialising in Contested Probate
Can You Contest a Power of Attorney
When someone dies, we naturally assume their will represents their true wishes. But sometimes, a will turns out not to be legally valid. An invalid will creates real issues for probate and can happen for many reasons — from technical or signing mistakes to mental capacity issues, fraud, or pressure from others.
If a will is declared invalid, the entire course of probate changes. The estate might be distributed according to an earlier valid will — or, if no other valid version exists, under the rules of intestacy.
Either way, disputes often develop.
At Bonallack & Bishop, our contested probate solicitors regularly deal with invalid will cases throughout England and Wales. We help executors, beneficiaries, and families resolve complex estates where the enforceability of a will is in question.
Looking for specialist legal advice on an invalid will? Call our highly experienced Probate Solicitors on FREEPHONE 0800 1404544 or one of our four local office numbers for FREE initial phone advice – with absolutely no strings attached.
What makes a Will Invalid in the UK?
Wills can become invalid either because they were never correctly created in the first place, or because something happened later that cancelled their legal effect.
A will may be invalid from the start if:
- It wasn’t signed or witnessed correctly
- The person making it (the “testator”) lacked mental capacity when they signed
- They were pressured or coerced into signing (known as undue influence)
- The document was forged or fraudulent
Click to read more about fraudulent wills - The person did not know or approve the contents of the will
- The will wasn’t properly dated or signed in accordance with the Wills Act 1837
Even a valid will can later become invalid and unenforceable if:
- It was revoked (cancelled) by the person — for example, by deliberately destroying it or by making a later will
- The person married or entered a civil partnership after signing it (unless it was specifically made “in contemplation of marriage”)
- The original document was lost or destroyed and cannot be proven
These errors are more common than most people realise. Even a small mistake, like having only one witness, can invalidate an otherwise carefully drafted document.
Who Decides if a Will Is Invalid?
Ultimately, the Probate Registry or a court decides whether will are valid.
When someone applies for a Grant of Probate, the Probate Registry checks the paperwork and may raise questions about validity — especially if:
- There is a doubt about the signature or witnesses
- There are multiple wills
- Someone formally objects In an application to court (a process which is called “entering a caveat”)
If a wills dispute arises, the matter is usually resolved in the Chancery Division of the High Court (Property Trusts and Probate).
Before it reaches court, the parties often exchange legal correspondence and evidence to see whether the will can be upheld or whether an agreement can be reached.
What Happens to Probate if a Will Is Declared Invalid?
If a court or the Probate Registry rules that a will is invalid, several outcomes are possible:
- An earlier valid version applies
- If there is a prior will that meets all legal requirements, that earlier version “revives” and controls the estate.
- Probate will proceed under that previous document.
- No earlier valid will exists – intestacy applies
- The deceased is treated as having died intestate (without an enforceable will).
- Their estate is distributed according to the statutory intestacy rules — usually benefiting their spouse, civil partner, and/or blood relatives in a set order determined by Law.
- Executorship and administration change
- The executor named in the invalid will loses their authority.
- The court appoints an administrator instead typically a next of kin, or following a dispute, perhaps giving control to a professional Executor.
- Property and assets may have to be redistributed
- If the estate was already distributed under an invalid will, assets might have to be returned and redistributed — creating additional cost and emotional strain.
What Happens if a Will Is Not Properly Witnessed?
Under the Wills Act 1837, valid wills must be:
- In writing, and
- Signed by the testator (or someone else at their direction and in their presence), and
- Witnessed by two independent adults who sign in the presence of the testator and of each other.
If these conditions are not met, a will is simply not legally binding — no matter how clear the person’s wishes were.
Common witnessing mistakes include the follow:
- One witness signs later, not in the testator’s presence
- Witnesses are beneficiaries (which can void their inheritance)
- Witnesses are under 18
- The signature page is detached or incomplete
- Digital or video witnessing not properly documented
If you suspect a will wasn’t correctly witnessed, you may have strong grounds to challenge it.
How to Declare a Will Invalid
Declaring wills invalid is not something you can do informally. Contesting a will on this basis requires legal procedure and evidence.
Step 1: Enter a caveat
You can prevent probate from being granted by making a formal application – entering a caveat at the Probate Registry (a formal notice lasting six months). This effectively freezes probate and stops anyone from administering the estate until the dispute is resolved. This gives you time to investigate the position.
Step 2: Seek specialist legal advice
A solicitor will review the document itself as well as witnesses, and surrounding circumstances. If the evidence is strong, they’ll write to the opposing party setting out why the will should be considered invalid.
Step 3: Gather evidence
Collect anything that might show the will is invalid — examples include:
- Old or conflicting wills
- Medical records or capacity assessments showing the state of mind of the testator when the will was created
- Witness statements from people present during signing
- Evidence of coercion, threats, or manipulation
- Suspicious changes (such as new beneficiaries, missing pages or altered handwriting)
Step 4: Issue proceedings
If no agreement is reached, a claim can be filed in the High Court to determine validity. The court will examine all evidence and rule whether the will stands or fails.
Because these cases can be emotional and technical, it’s important to have experienced contested probate solicitors guiding you through the process. And, sadly, the court process is not quick
What Happens if Someone Dies Before Signing a Will?
If a person dies before signing their will, it has no legal effect. Drafts or unsigned versions are not valid, even if everyone knows and agrees what the person intended.
In that case:
- Any previous valid will would legal effect
- If no will, the person is legally intestate, and the estate passes under the rules of intestacy.
- Sometimes, parts of the unsigned document can be used as evidence of intention in later disputes, but not as a valid will.
Where an unsigned draft suggests clear intentions, family members sometimes make an Inheritance Act claim for reasonable financial provision to reflect those intentions. Our team regally handling those kind of applications.
If you believe a loved one intended to make or change a will but died before signing, speak to 1 of our experienced contested probate lawyers immediately — timing and evidence are critical.
Grounds for Contesting Probate – Invalid Wills
Wills can be challenged on several main grounds. Here are some of the most common grounds and typical scenarios which often give rise to them:
- Lack of mental capacity. The person was not of sound mind when making the will.
- Lack of knowledge and approval The person didn’t fully understand or approve its contents.
- Undue influence or coercion Someone pressured the testator into signing.
- Forgery or fraud The will or signature was faked or altered.
- Failure to meet formalities The document was not properly signed or witnessed.
- Revocation A later will or its destruction cancelled the earlier one.
Invalid Wills and Probate – an Example Scenario
Mrs Jones, aged 84, had three adult children. Her new will, signed two months before her death, left everything to one son who had moved in to care for her.
Her other children suspected she didn’t fully understand what she was signing and had been pressured. After obtaining medical records and witness statements, it was possible to show that she lacked mental capacity and that the will was not properly witnessed.
The court will be asked to declare the will invalid. Any earlier valid will would be reinstated, dividing the estate equally among all three children.
This is typical of the sensitive nature of these type of cases our probate dispute lawyers can handle the dispute for you — balancing family tensions, evidence, and legal accuracy.
Why Choose Bonallack & Bishop for Invalid Will Probate Disputes?
- We have a specialist contested probate team with extensive experience in invalid wills, undue influence, and mental capacity challenges.
- We acting nationally for clients in all parts of England and Wales, and for expat beneficiaries or executors living overseas.
- Our lawyers provide clear, practical advice in plain English, not legal jargon.
- A personal, sensitive service – we know these disputes often involve grief and family conflict.
If you suspect a will might be invalid, don’t delay. The earlier you act, the better the chance of preserving the estate and resolving matters fairly.
Call our probate dispute team today or complete our online enquiry form for FREE initial phone advice to give you an idea of your option
Invalid Wills and Probate – Frequently Asked Questions
When does a will become invalid in the UK?
Wills become invalid if they was never valid (e.g. not signed, witnessed, or made under undue influence), or are later revoked by destruction, a new version, or marriage.
Who decides if a will is invalid?
Ultimately, the Probate Registry or a court decides. In disputes, a judge in the High Court examines the evidence and rules on validity.
What happens if a will is declared invalid?
If there’s an earlier valid version, that Will take effect. If not, the estate is distributed under the intestacy rules. Executors under invalid wills lose their authority.
What happens if wills are not properly witnessed?
It fails the formal requirements of the Wills Act 1837 and is invalid. Two adult independent witnesses must sign in the presence of the testator.
How can I declare a will invalid?
You’ll need legal advice, supporting evidence, and to enter a caveat at the Probate Registry. If necessary, you can issue court proceedings.
What happens if someone dies before signing a will?
Unsigned wills simply have no legal force. The estate will follow intestacy rules, although close dependents may be able to make a financial provision claim.
Can invalid wills still be used as evidence of intention?
Sometimes drafts or unsigned copies can help show what the person wanted, but they do not have legal effect unless correctly executed.
Can I challenge a solicitor-prepared will?
Yes, but you’ll need evidence that the solicitor failed in their duty — for instance, by not checking mental capacity or ensuring proper witnessing. And if the solicitor failed to draft the document correctly and those financial loss as a result, there may will be the possibility to sue the solicitor for negligence.
Looking for help with regard to a question of an Invalid Will and Probate? Call our highly experienced Probate Solicitors on FREEPHONE 0800 1404544 or one of our four local office numbers for FREE initial phone advice – with absolutely no strings attached.
