Last Updated on May 26, 2026 by tanya

Can You Challenge a Will Before Death?

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Pre-Death Probate Disputes

‘Can you challenge a will before death?’ is an increasingly asked question by families across England and Wales. This may follow an upsetting conversation, a sudden change to a loved one’s will, or concerns about an elderly relative being influenced by someone close to them.

However, a will only takes legal effect after death. Until then, it is simply a document expressing someone’s wishes. The person making the will, known as the testator, remains free to change, replace or revoke it at any time, provided they still have mental capacity. Therefore, a contentious probate claim is made after death.

However, if you are worried about what is happening with a loved one, there are steps you can take, such as keeping detailed records regarding factors such as medical diagnoses and financial regularities. You may also want to consider safeguarding measures and getting legal advice.

In our blog, we look at the most common disputes and practical action which can help.

 

Why You Cannot Usually Challenge a Will Before Death

A will has no legal force while the testator is alive. The courts therefore do not generally allow contentious probate claims until after death because there is no estate to administer and no grant of probate to dispute.

Adult children cannot usually prevent a parent from changing a will simply because they believe it is unfair. Individuals are entitled to decide how their estate should pass after death according to the Wills Act 1837 which sets out the legal requirements for a valid will.

For example, a father may decide to leave the majority of his estate to a new partner rather than his children from an earlier marriage. While the decision may create family conflict, the courts will not intervene before death merely because relatives dislike the outcome.

On a practical basis, a will may change multiple times before death. So, disputes are dealt with after death, when the final will can be examined properly.

 

When Concerns Arise Before Death

However, a family may have concerns prior to a loved one’s death and the most common situations include:

 

• Allegations of undue influence
• Concerns about mental capacity
• Suspected financial abuse
• Isolation of vulnerable relatives
• Disputes over lifetime gifts
• Arguments about promised inheritances
• Questions surrounding Lasting Powers of Attorney

These issues can become highly contentious because they often involve vulnerable individuals, blended families, carers or substantial assets.

 

1. Undue Influence Before Death

Undue influence happens when someone pressures a person into changing their will. This often involves an elderly or vulnerable person becoming dependent on a carer, friend or new partner.

Warning signs may include:

• Sudden changes to a Will
• Excluding close family
• Secrecy around finances
• Restricted access to the testator
• Dependence on one individual
• A beneficiary arranging legal appointments

If concerns arise, our advice is to keep written records of events, communications and medical issues.

 

2. Mental Capacity Concerns

Disputes also often arise over testamentary capacity. It’s important to know that to make a valid will, a person must understand:

• They are making a will
• The extent of their estate
• Who may expect to benefit
• The effect of their decisions

Concerns commonly arise where dementia or Alzheimer’s disease is involved and getting a medical diagnosis provides strong evidence.

For example, an elderly man with advanced dementia changed his will shortly before entering care, leaving his estate to a much younger companion. His family later questioned whether he understood the changes.

 

3. Disputes Involving Lasting Powers of Attorney

Pre-probate disputes often involve Lasting Powers of Attorney.

Problems can arise where relatives believe an attorney is misusing money or controlling a vulnerable person improperly.

For example, disputes commonly occur where one sibling manages a parent’s finances and other family members suspect funds are disappearing.

Although these are not technically will disputes, suspected financial abuse can sometimes be reported to the Office of the Public Guardian or the Court of Protection.

 

4. Lifetime Gifts and Broken Promises

Disputes can also arise over promises made during someone’s lifetime.

A parent may promise a child they will inherit the family home or business, only for a later will to say otherwise.

For example, this often happens where adult children spend years working in a family business expecting to inherit it.

If one child receives substantial financial support while others do not, inheritance disputes often follow after death.

 

 

What Can You Do Before Death?

Although you cannot usually challenge a will before death, here are some practical steps that may help protect vulnerable individuals:

 

1. Keep Detailed Records

Maintain a clear timeline of concerning events, including:

• Changes in behaviour
• Financial irregularities
• Communications with carers or relatives
• Medical diagnoses
• Exclusion from contact

Contemporaneous evidence (documents created at the time events occur e.g. a medical diagnosi) can provide strong evidence later in a contentious probate claim.

 

2. Raise Concerns Sensitively

In some situations, concerns can be addressed through calm discussion.

An elderly relative may not realise how a situation appears to others. Open communication can sometimes reduce misunderstandings before positions become entrenched.

 

3. Encourage Independent Legal Advice

Independent solicitors can help ensure a vulnerable person’s wishes are properly understood and documented.

Where capacity or influence may later be questioned, professionally prepared wills supported by medical evidence are often more difficult to challenge.

 

4. Consider Safeguarding Measures

If you have genuine concerns about abuse, neglect or coercion, safeguarding referrals may be appropriate. Depending on the circumstances, assistance may come from:

• Adult social services
• The Office of the Public Guardian
• The Court of Protection
• Financial institutions

 

Contact Our Team

In England and Wales, you cannot usually challenge a will before death because the will has no legal effect until the testator dies. Taking sensible steps before death may help protect vulnerable individuals while reducing the risk of an inheritance disputes after probate begins.

But, if you are involved in a will dispute where probate has begun and need help now, we partner with specialist contentious probate solicitors who offer a free, initial consultation.

📞 Call us now on 0333 358 2345 📧 Or contact us online and we’ll call you back to arrange your consultation.