Last Updated on April 22, 2026 by tanya

How to Challenge a Will for Ambiguous or Unclear Wording

 

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

When Wording in a Will is Confusing

You may want to find out how to challenge a will for ambiguous or unclear wording after someone passes away and the wording in the will is confusing or open to different meanings. A will is meant to clearly explain how your loved one’s money, property, and possessions should be shared. But sometimes if the wording is unclear or vague, families can face difficult disagreements about what the person really wanted.

However, you can bring a contentious probate claim to address such wording. If you believe a will’s wording is unclear or you are being disadvantaged by the way the will has been drafted, your best next step is to consult with a specialist contentious probate solicitor.

We partner with a panel of highly experienced contentious probate solicitors and offer an initial, free consultation, so get in touch with our team today.

 

What Does “Ambiguous or Unclear Wording” Mean?

A will is ambiguous when its words can be understood in more than one way. This can cause arguments about who should inherit what.

For example:

The will says “my business,” but the person owned two businesses. Which one did they mean?

The will mentions “my children,” but the person also raised a stepchild – are they included?

The wording refers to “my property,” but it’s unclear if this includes a second home.

 

Even a small mistake or missing word may lead to a big disagreement.

When wording in a will is unclear, the court’s job is to figure out what the person (called the testator) intended when they wrote it. However, the court won’t simply guess or rely on what family members say the person “probably meant.”

Instead, it looks at:

The actual words in the will.

The context at the time (for example, what the person owned and who was in their life).

Any written notes or “letters of wishes” the person may have left.

 

What Is Contentious Probate?

Contentious probate is the legal term for a dispute about a person’s will or the way their estate is being handled after death.

It often happens when:

Someone believes the will is unclear or has mistakes.

A person thinks they’ve been unfairly left out.

There are claims of pressure, influence, or fraud.

There’s confusion over who should be the executor (the person dealing with the estate).

 

In short, contentious probate means there’s a disagreement about the will or the process of sorting out someone’s estate.

 

Can You Challenge a Will Because It’s Unclear?

Yes, you can.

If you believe a will is unclear or doesn’t reflect what the person really wanted, you can ask the court to interpret or correct it. There are two main types of legal action for this:

 

Construction claim – asking the court to interpret what a particular word or clause means.

Rectification claim – asking the court to correct a mistake (for example, a drafting error by the solicitor who wrote the will).

 

These claims may be brought to court, but most cases are settled before reaching that stage.

 

What You Can Do If a Will’s Wording is Ambiguous

Here’s a step-by-step guide to help you take the right action:

 

1. Read the Will Carefully

Get a copy of the will and go through it line by line. Make a note of any sentences that seem confusing or open to more than one meaning.

 

2. Collect Background Information

Find out more about the person’s situation when they made the will. Ask yourself:

What did they own at the time?

Who were they close to?

Did they make any notes or letters explaining their wishes?

 

If the will was written by a solicitor, that solicitor might still have drafting notes that explain what the person meant.

 

3. Get Expert Legal Advice

We can connect you to a a contentious probate solicitor who deals with will disputes regularly. They can:

Review the will for ambiguous wording.

Advise whether you have grounds for a challenge.

Help you decide if it’s best to negotiate, mediate, or go to court.

 

4. Act Quickly

Certain types of legal claims have time limits – often six months after the grant of probate (the official permission to deal with the estate). So, it’s important not to delay in getting legal advice.

 

5. Keep Records

Save all letters, emails, and documents about the estate. Clear records help strengthen your position if the case goes to court.

 

Can You Stop Probate Being Granted While You Investigate?

Yes. If you’re concerned about an unclear will and want time to investigate, you can stop probate temporarily by entering what’s called a caveat.

A caveat is a legal notice that prevents probate from being granted while the dispute is ongoing.

If probate has already been granted before you act, you can’t use a caveat. But you can speak to a solicitor about other legal steps to challenge the will.

 

👉 Important: You should only enter a caveat if you have genuine concerns about the will’s validity or wording. Using it simply to delay things without reason could lead to legal costs against you.

 

What Happens After You Challenge the Will?

Once a challenge is made, several things can happen:

The parties may negotiate a fair solution through their solicitors.

You could take part in mediation to reach an agreement.

If no agreement is reached, the case may go to court, which will interpret or correct the will.

 

If the court decides the wording was unclear, it will issue an order explaining how the clause should be read or corrected. Once that’s done, probate can proceed on the correct terms.

 

How to Avoid Problems Like This in Future

Disputes over unclear wording can cause family tension, stress, and high legal costs. To avoid similar issues in future:

Always use a qualified solicitor to write your will.

Avoid vague language – be specific about names, assets, and relationships.

Review your will regularly (especially after major life events).

Leave a short letter of wishes explaining your decisions, to guide your family and the court if needed.

 

Your Key Takeaways

You can challenge a will in England and Wales if the wording is ambiguous or unclear.

Disputes like this fall under contentious probate.

You can stop probate temporarily by entering a caveat with the Probate Registry.

Always seek advice from a specialist solicitor before taking any action.

Act quickly as time limits can apply once probate is granted.

 

Take Action Now

If you think a will’s wording doesn’t make sense or doesn’t reflect your loved one’s true wishes, you have options. The law allows you to ask a court to interpret or correct unclear wording – and you can even stop probate temporarily while you sort things out.

We partner with specialist contentious probate solicitors who offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.

Call us at 0333 358 2345 or contact us online and we will call you back.