How to recognise potential problems and protect your inheritance rights

When a loved one dies, most families have at least a general understanding of how the estate is likely to be divided. That’s why it can be deeply unsettling to discover that a will has changed unexpectedly. A new beneficiary appears. Someone close to the deceased is suddenly excluded. A long‑standing promise disappears.

Not every surprise means a will is invalid – people are entitled to change their minds. However, certain warning signs should never be ignored, especially if you suspect the will does not reflect your loved one’s true intentions.

Below are the five most common indicators that a will may be invalid and could be open to challenge.

1. A Sudden or Unexplained Change to the Will

A major red flag is a will that was changed shortly before death, particularly after years of remaining the same. This is especially concerning if the change occurred:

• During illness or hospitalisation
• When the person was increasingly dependent on others
• When a new individual suddenly became involved in their care or finances

If beneficiaries were significantly altered without a clear explanation, it may be appropriate to investigate further. Sudden changes often prompt questions about capacity, pressure, or improper involvement.

2. Concerns About Mental Capacity

For a will to be valid, the person making it (the testator) must understand:

• That they are creating a will
• The nature and extent of their estate
• Who might reasonably expect to benefit
• The effect of the document they are signing

If your loved one was living with dementia, cognitive decline, serious mental illness, or was heavily medicated, their mental capacity at the time of signing may be in doubt.

Even physical illness can affect decision‑making, particularly near the end of life.

Key evidence often includes:

• GP and hospital records
• Medication history
• The will‑writer’s notes
• Statements from carers or family members

If capacity was impaired, the will may be invalid.

3. Pressure, Coercion, or Undue Influence

Sometimes the issue is not capacity, but pressure from someone else.

Warning signs include:

• One person arranging the solicitor’s appointment
• That same person was present during discussions
• Isolation of the deceased from family or friends
• A sudden change that disproportionately benefits one individual

Undue influence is notoriously difficult to prove, but where there is evidence of manipulation or coercion, the court can set aside the will.

If something “doesn’t feel right,” it is worth seeking legal advice.

4. The Will Was Not Properly Signed or Witnessed

A valid will must comply with the Wills Act 1837, which requires:

• The will to be in writing
• The testator is to sign it
• Two independent witnesses are to be present at the same time
• Each witness is to sign in the testator’s presence

If these formalities were not followed, the will may be invalid – even if it accurately reflects the deceased’s wishes.

Homemade wills, DIY templates, and informal amendments are particularly vulnerable to errors.

5. The Deceased Did Not Understand or Approve the Contents

Even if a will is properly signed, it can still be challenged if the testator did not fully understand or approve what they were signing.

This may arise where:

• A beneficiary drafted the will
• The deceased had poor eyesight or literacy difficulties
• The will was not read out or explained properly
• The document was unusually complex or inconsistent with previous wishes

The law requires more than a signature – there must be a genuine understanding.

How We Can Help

If you believe a will may be invalid, it is important to seek legal advice promptly. Although some will challenges do not have strict deadlines, delay can weaken your position, especially once probate is granted and assets begin to be distributed.

Speaking to a solicitor does not commit you to court proceedings. It simply ensures you understand your rights and the strength of your case.

We offer two fixed‑fee options to help you get clarity:

Option 1. Meeting Only

A one‑hour consultation (in person or online) from £299 + VAT

Option 2. Meeting and Letter of Advice

A one‑hour consultation plus a detailed written advice letter outlining:

• Relevant law
• Your options
• Our recommended strategy £650 + VAT

After receiving advice, you can decide whether you wish to formally instruct us to act on your behalf.

Written by: Imogen Cotter

Garner & Hancock has a dedicated, experienced team ready to guide you through every stage of wills and probate. We offer clear advice, practical solutions, and compassionate support, ensuring you understand your options and feel fully protected throughout the process. With us, you’re in safe, capable hands.