Could your will be disputed? Here’s how to ensure your wishes are honoured

When you pass away, you want your loved ones to receive the inheritance you had intended for them.

You may have made a will outlining your wishes for dividing your estate. While you would hope that those wishes would be honoured after your death, in some cases, your will could be exposed to disputes.

In fact, applications for probate caveats – which halt the administration of an estate for six months while disputes are settled – are rising. Today’s Wills and Probate reports that caveat applications increased by 12% in 2025.

There are multiple reasons why someone might question your will. Read on to learn the most common grounds for contesting a will and how you can help ensure your wishes are honoured.

Your will no longer reflects your relationships, your assets, or legislation

Without regularly updating your will, it can quickly become outdated and at risk of disputes after you die. As a result, your loved ones could be left scrambling to agree on what your wishes were at the time of your death.

In 2024, Will Aid found that, of the 2,000 UK people surveyed, 11% had a will that no longer reflected their wishes.

It’s wise to review your will if:

• Your family dynamics have changed, such as if a relationship ends, a child is born, or you develop new relationships that should be reflected in your will.
• You have disposed of key assets or acquired new ones. For example, if you have bought or sold a property, it’s usually worth updating your will.
• Legislative changes have impacted your estate. With unused pension pots set to be counted in Inheritance Tax (IHT) calculations from April 2027, you might consider ensuring the change is reflected in your will.

The government recommends updating your will at least every five years, or after any significant change in your life.

A financial planner can support you in periodically reviewing your will to keep it aligned with your financial circumstances.

There are inaccuracies or ambiguities in your will

Even if your will was updated recently, it can contain inaccuracies or ambiguities that could give rise to questions – and disputes – after your death.

Wills can be complex, particularly if you have a range of assets and multiple beneficiaries. Generally, more complexity creates more opportunities for error and ambiguity. If your intentions are not clear, this could lead to disagreements once you’re no longer able to clarify your wishes.

A financial planner can help identify assets to be distributed, calculate the total value of your estate, and determine your IHT liability to ensure your will clearly and accurately communicates your wishes.

Signatures are missing, invalid, or out of date

For a will to be legally binding, it must be signed by the testator (the person making the will) and two witnesses.

The witnesses must be present and sign at the same time, and they cannot be beneficiaries of the will or the testator’s spouse.

Your will must be witnessed and signed each time you update it. If you make changes without the correct signatures, the previous valid version of your will could be used to divide your estate.

If two independent witnesses do not sign the latest version of your will, it could be exposed to disputes when you die. In some cases, your family might even suspect that the updated version was fraudulent.

Your capacity to make decisions is questioned

In some cases, someone might contest your will if they believe you lacked the mental capacity to understand its effects or if someone pressured you into making decisions.

Questions over your decisions may be more likely if you make or update your will later in life, when the risk of medical conditions such as dementia is higher. You may also be more vulnerable to undue influence later in life, leading loved ones to question whether your will was made voluntarily.

If you’re concerned that your ability to make decisions voluntarily may be questioned, you might consider having a capacity assessment when you make your will and including a statement explaining your wishes. This can provide evidence that you made the decisions freely and of sound mind.

Your family are surprised by your will

Ultimately, someone may be more likely to contest your will if it doesn’t match their expectations.

By being open about the contents of your will and discussing it with loved ones, you can help avoid any surprises after your death. This isn’t always an easy conversation, but it can help reduce the likelihood of issues further down the line. If you’re not comfortable talking about your will, you might opt to leave a letter of wishes to explain your choices.

Get in touch

At J Edward Sellars, we support our clients in ensuring their wills are clear, accurate, and up to date by providing the financial structures on which your will is written.

Email enquiries@jesellars.co.uk or call 01934 875 919 to find out more about how we can help you.

Please note

This article is for general information only and does not constitute advice. The information is aimed at individuals only.

All information is correct at the time of writing and is subject to change in the future.

The Financial Conduct Authority does not regulate estate planning, trusts, or will writing.