Last Updated on April 23, 2026 by tanya

Challenging a Will Which Has Been Incorrectly Signed

 

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

 

How To Contest A Will

Challenging a will which has been incorrectly signed may feel overwhelming. But, if you suspect a loved one’s will has not been properly signed, you may be able to contest the validity of such a will. This would fall under contentious probate which deals with legal disputes surrounding the distribution of a deceased person’s estate.

Perhaps the most important criteria is that the testator (person making the will) signs it in the presence of two independent witnesses. In addition, the witnesses may not be beneficiaries in the will.

To find out if you have a claim get in touch with our team at First Personal Injury as we work with solicitors experienced in contentious probate claims.

 

What Does It Mean for a Will to Be Incorrectly Signed?

A will must meet strict legal requirements to be considered valid and may be considered incorrectly signed if:

 

• The testator did not sign the will themselves.
• The witnesses were not present at the same time.
• The signature was added after the witnesses left.
• The witnesses were beneficiaries under the will or otherwise had a vested interest in the estate.

 

Even a small error in signing can render a will invalid, opening the door for legal challenges.

 

Challenging a Will: Contentious Probate

Disputes over a will, including those involving incorrect signatures, fall under contentious probate law.  Therefore, contentious probate occurs when someone believes that the will does not reflect the testator’s true intentions or has been improperly executed.

Common grounds for challenging a will may include:

 

Lack of Testamentary Capacity – the testator did not understand what they were signing.

Undue Influence or Fraud – someone coerced the testator into signing a will they did not want.

Improper Execution – the will was not signed correctly or did not meet legal requirements.

Forgery – the signature on the will is not genuine.

 

Incorrectly signed wills fall under the third category, improper execution, which is one of the most straightforward grounds for challenging a will.

 

How to Challenge a Will That Has Been Incorrectly Signed

Challenging a will involves careful legal steps. So, here is a step-by-step guide:

 

1. Gather Evidence

Start by collecting evidence that proves the will was incorrectly signed. Therefore, useful evidence includes:

 

The original will and any drafts.

Witness statements confirming they were not present.

Expert testimony on the authenticity of the signature.

Any communications that suggest the testator did not sign willingly or correctly.

 

2. Seek Legal Advice

Challenging a will can be complex. We partner with specialist probate solicitors who can:

 

Review the will and related documents.

Advise on the strength of your claim.

Represent you in negotiations or court proceedings.

 

3. Send a Letter of Claim

Before filing a lawsuit, your solicitor may send a letter of claim to the estate’s executors or legal representatives. This formal letter outlines:

 

The basis of your claim (e.g., incorrect signing).

Evidence supporting your challenge.

Your intention to pursue legal action if the dispute is not resolved.

 

4. Apply to the Court

 

Whether the will meets legal formalities.

If there was any fraud, undue influence, or lack of capacity.

Evidence from witnesses or handwriting experts.

 

Possible Outcomes

If the court agrees that the will was incorrectly signed, it may uphold your claim:

 

Declare the will invalid, reverting to a previous valid will.

Determine the distribution of assets according to intestacy rules if no valid will exists.

Award costs and legal fees, which can sometimes be substantial.

 

Important Considerations

When challenging a will, you must act quickly. The time limits for bringing a will dispute can be strict, and delays may affect your chances.

Additionally:

Costs can be high, especially if the case goes to court. Speak to your solicitor about a no-win, no-fee arrangement.

Family disputes may escalate, so it’s wise to consider mediation before litigation.

You may need expert witnesses to verify signatures or confirm the testator’s capacity.

 

FAQs: How To Claim For an Incorrectly Signed Will

Q1: Can I contest a will if it was signed incorrectly?

Yes. If a will does not meet the legal requirements for signing, you can challenge it under contentious probate law.

 

Q2: What happens if a will is invalid?

If the court declares a will invalid, the estate will follow a previous valid will or, if none exists, distribute according to intestacy rules

 

Q3: How long do I have to challenge a will?

 

The law does not impose a strict statute of limitations, but you should act quickly – usually within 6–12 months after probate is granted. Or you can file a caveat to suspend a grant of probate temporarily.

 

Q4: Do I need a solicitor to challenge a will?

Although the law does not require it, you should hire a specialist probate solicitor because contested will cases are complex.

 

Q5: What is contentious probate?

Contentious probate refers to legal disputes surrounding a will or estate, including challenges based on incorrect signing, undue influence, fraud, or lack of capacity.

 

Get In Touch With Our Team

By gathering evidence, consulting a specialist solicitor, and following the proper legal steps, you can contest a will that does not reflect the deceased’s true intentions.

So, if you suspect that someone signed a will incorrectly, seek expert advice immediately without delay. Handling your claim carefully ensures that the estate is distributed fairly and in accordance with the law..

We partner with experienced probate lawyers who offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.