Could your will be contested?

The number of disputes over wills has risen sharply, according to data obtained by law firm Taylor Rose under a Freedom of Information request.

When someone dies, their estate usually goes through probate — the legal process of proving a will and giving an executor authority to deal with their assets. 

Disputes, known as contentious probate, often involve someone  'entering a caveat' to block probate for six months and stop the executor from distributing the estate.

Here, Which? explains the main grounds for contesting a will and how to make sure yours is watertight.

Contentious probate cases on the rise

Figures from HM Courts and Tribunal Service show applications to block probate have surged in recent years.

In 2024, there were 11,362 applications to enter a caveat — a 56% increase on 2019, when there were 7,268.

The final quarter of 2024 alone saw 3,061 applications, the highest number recorded in a single three-month period. 

• Find out more: ​what is probate? 

Could your will be contested?

There are several grounds on which a will can be challenged. Broadly, these fall into three categories:

The will is defective in some way

A valid will must meet certain criteria: it must be in writing, signed by the testator (the person making the will) in the presence of two witnesses, and signed with the intention of it being legally binding. 

If your will hasn’t been executed properly, it won’t be recognised in law and can be challenged.

• Find out more: how to make a will

The will-maker lacked mental capacity or understanding

 To make a valid will, the person writing it must have what is known as mental capacity — the ability to understand information and make decisions. 

They must also understand and approve the contents of the will, known as 'knowledge and approval'. 

If there are concerns about either, the will could be contested.

• Find out more: what to put in your will

The will was made under duress

A valid will must reflect the true wishes of the person writing it.

If there are reasons to think they were coerced or placed under undue influence, the document can be challenged.  

• Find out more: reasons for making a will

Wills made easy

Write your will easily online with Which?. You can even get it reviewed by our specialists to make sure it’s completed correctly.

Find out more

5 steps to protect your will from challenge

Whether you’re writing a will for the first time or updating an old one, these steps will help ensure it’s legally binding and that your wishes are carried out.

1. Make sure it’s properly executed

One of the most important steps is signing and witnessing your will correctly. 

In England, Wales and Northern Ireland, the will must be signed in the presence of two independent witnesses over the age of 18. In Scotland, you only need one witness aged 16 or over. 

Once you’ve signed, you must watch the witnesses sign as well.

• Find out more: the 6 mistakes that could invalidate your will

2. Store it safely

Even if your will is valid, it won’t help if it can’t be found. If it’s lost after you’ve died, your estate will be distributed under intestacy rules. 

Your executor is responsible for locating your will, so it’s vital that it’s stored somewhere safe — and that they know where to find it.

• Find out more: 5 things you need to know about storing your will

3. Update it regularly

It’s important to review and update your will regularly, particularly after key life events. 

In England, Wales and Northern Ireland, marriage or entering a civil partnership automatically revokes any existing will, which could leave you intestate if you don’t write a new one. 

Updating your will ensures it reflects your circumstances and reduces the risk of mistakes that could cause problems for your family.

4. Follow the correct process for making changes

If you need to make changes, don’t amend the original document by crossing things out. 

The proper way to update a will is by making a codicil — an additional document setting out the changes. This must be signed and witnessed in the same way as a will.

5. Write a letter of wishes

A letter of wishes is a document that sits alongside your will and gives you the chance to explain your decisions. 

While not legally binding, it can provide context to help friends and family understand your choices and reduce the risk of disputes.

Make your money work harder

Get the best deals, avoid scams, and grow your savings with expert guidance. Save 25% now, only £36.75 for a year.

Join Which? Money

Offer ends 30 September 2025