Last Updated on April 28, 2026 by tanya

What Are the Legal Tests if You Suspect a Will is Invalid?

 

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

If You Have Doubts About the Will of a Loved One

When a loved one passes away, their will should clear as to who will benefit, but if you suspect something is not quite right, what are the legal tests if you suspect a will is invalid? Sometimes a will may be contested because it appears invalid or unfair.

Under contentious probate, it helps to understand what the court looks at when deciding if a will is invalid or not.

 

Why a Will Might Be Invalid

It’s important to understand why a will might be invalid. Common reasons include:

 

• Lack of testamentary capacity – the person who made the will didn’t fully understand what they were doing.
• Knowledge and approval – the testator understood and approved the contents of the will
• Undue influence – someone pressured the testator to make changes.
• Fraud or forgery – the will was falsified.
• Improper execution – the will was not signed or witnessed according to law.

 

If you suspect any of these issues, you may be able to challenge the will.

 

Test 1: Testamentary Capacity

The first test is whether the testator had the mental capacity to make the will.

Under this test, the court checks if the person who made the will:

 

1. Understood the nature of the act – they knew they were creating a will.
2. Understood the extent of their property – they were aware of the assets they owned.
3. Comprehended the claims of potential beneficiaries – they knew who might reasonably expect to benefit.
4. Was free from delusions – no mental disorder or misunderstanding unduly influenced their decisions.

If the testator lacked capacity, the will can be declared invalid, and the estate may pass according to an earlier valid will or the rules of intestacy.

 

Test 2: Lack of Knowledge and Approval

Even if the testator had capacity, the will may be set aside if they did not know and approve of its contents. This often arises in cases where someone else prepared the will and the testator may not have fully understood or agreed with its term

 

Test 3: Undue Influence

The second test examines whether the testator was pressured or coerced into making or changing the will.

How Courts Assess Undue Influence

Courts look for signs that the testator acted against their own free will, often due to manipulation by a relative, caregiver, or solicitor. Factors considered include:

 

• Isolation from friends or family.
• Dependency on the influencer.
• Sudden changes in the will that benefit the influencer disproportionately.

 

If undue influence is proven, the affected sections of the will may be invalidated, or the entire will may be set aside.

 

Test 4: Fraud or Forgery

The next legal test is whether the will was created fraudulently or forged.

Identifying Fraud or Forgery

Fraud can take multiple forms:

 

• Falsifying the testator’s signature.
• Misrepresenting information to the testator.
• Creating a will without the testator’s knowledge.

 

Evidence such as handwriting analysis, witness testimony, or inconsistencies in documentation can prove fraud. Our courts take fraud very seriously, and a fraudulent will is automatically invalid.

 

Test 5: Improper Execution

The fifth test concerns whether the will was signed and witnessed correctly according to the law.

For a will to be legally binding, it must be:

 

In writing – handwritten, typed, or printed.

Signed by the testator – they must sign in the presence of two witnesses.

Witnessed by two independent witnesses – witnesses cannot benefit from the will.

Properly dated – though dating is not strictly required, it helps establish validity.

 

Failure to meet any of these requirements can make the will invalid. Even small mistakes, like missing witness signatures or incorrectly dated documents, may be sufficient to contest the will.

 

Steps to Take if You Suspect a Will is Invalid

If you suspect a will is invalid based on any of the legal tests, you should follow these steps:

 

Gather Evidence – Collect documents, witness statements, and medical records.

Consult a Probate Solicitor – A specialist can assess which legal test applies.

File a Will Contest – Applications to the court must be timely, especially for statutory time limits.

Consider Mediation – In some cases, mediation can resolve disputes without lengthy litigation.

Acting quickly is crucial because delays can reduce your chances of a successful challenge.

 

How The Courts Decide Will Validity

Once a challenge is filed, the court examines:

 

• The testator’s mental capacity at the time of signing.
• Any signs of undue influence or coercion.
• Whether the will was properly executed.
• Evidence of fraud or forgery.

 

If the court finds the will invalid, it may revert to an earlier will or follow the rules of intestacy.

 

Common Myths About Contesting a Will

Myth 1: You can contest a will anytime.

Truth: Legal challenges must be filed within a set timeframe, usually six months from the grant of probate.

 

Myth 2: Only close relatives can contest a will.

Truth: Anyone with a financial interest in the estate may have grounds to challenge.

 

Myth 3: Wills are always final.

Truth: If any of the four legal tests fail, the court can invalidate all or part of the will.

Understanding these myths helps set realistic expectations when pursuing a claim.

 

Contact Us

If you suspect a will is invalid, it’s essential to seek legal advice promptly, gather evidence, and understand your rights. With the right approach, you can ensure that the estate is distributed fairly and legally.

Our panel of experienced probate law firms can guide you through the process. They 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.

Call us today at 0333 358 2345 or contact us online and we’ll call you back.