When a will may be invalid for lack of capacity, execution, knowledge and approval, undue influence, fraud or forgery, and what evidence to preserve.
This guide is part of ProbateHelp's Will Disputes guide cluster. Estimated reading time: 14 min.
Unfairness alone does not make a will invalid. A person can usually choose who inherits. Some spouses, civil partners, children, dependants and others may instead have a separate claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
No. The issue is the person's testamentary capacity when the will was made. Diagnosis, symptoms, medication and medical records can be important evidence, but the court considers all the circumstances around the instructions and execution.
Not automatically. A solicitor may be asked for information about the preparation and execution of the will, and relevant documents can become disclosable in proceedings. Confidentiality, privilege, authority and the facts determine what can properly be provided, so obtain advice before asserting a right to the whole file.
No. The golden rule is protective professional practice for an older or seriously ill will-maker, not a statutory validity condition. Failure to use it may affect the weight of the evidence, but the court still decides capacity from all the evidence.
The estate may pass under an earlier valid will or, if none applies, under the intestacy rules. The outcome depends on the court's order and any valid codicil or earlier testamentary document.
No. The Law Commission published recommendations and a draft Bill in May 2025. Government and Parliament would need to implement them. The existing Wills Act 1837 and current case law continue to apply unless legislation changes them.