Last Updated on November 21, 2025 by tanya

What Evidence Do You Need to Challenge a Will?

 

Why a Specialist Contentious Probate Solicitor Is Essential

Challenging a will is a serious step, so what evidence do you need to challenge a will?  When disagreements arise after someone dies, family members or beneficiaries may suspect that the will does not reflect the true wishes of the deceased. However, to contest a will, you will need strong and credible evidence before a court will intervene.

Contentious probate is a complex area of law and it’s essential to consult with a specialist contentious probate solicitor. Many claims are settled through mediation, while other may head to court of the dispute cannot be resolved. It’s also important to act quickly as time limits may apply and evidence can be lost or go missing.

To find out if you have a claim get in touch with our team as we partner with solicitors who are highly experienced in contentious probate claims.

 

Grounds for Challenging a Will

Not everyone can challenge a will. You must have valid legal grounds before contesting a will. The evidence you collect must directly support one or more of the following recognised grounds:

 

1. Lack of testamentary capacity
2. Lack of valid execution
3. Lack of knowledge and approval
4. Undue influence
5. Fraud or forgery
6. Rectification or construction claims
7. Claims under the Inheritance (Provision for Family and Dependants) Act 1975

Each ground requires different types of evidence. The stronger and more credible your evidence, the greater your chances of success.

 

Evidence for Lack of Testamentary Capacity

You can challenge a will if the testator (the person making the will) did not have the mental capacity required to understand:

 

• The nature and effect of making a will
• The extent of their estate
• The claims of those who might expect to benefit

 

Useful evidence includes:

Medical Records

These can include GP records, hospital notes, psychiatric assessments, dementia diagnoses, or medication lists. These help establish whether the testator suffered conditions such as Alzheimer’s, stroke effects, or cognitive decline around the time the will was made.

Witness Statements

Statements from carers, friends, family members, or neighbours who observed confusion, forgetfulness, or unusual behaviour may strengthen your case.

Solicitor’s File and Will-Writer Notes

A solicitor is required to assess capacity. Their file may contain mental capacity assessments, attendance notes, and observations about the testator’s understanding. If the file is missing detail or raises concerns, it can be significant.

 

Evidence for Lack of Valid Execution

A will must meet the strict legal requirements set out in section 9 of the Wills Act 1837. To challenge a will on this ground, you must show that it was not:

 

• Signed by the testator
• Signed with the intention of giving effect to the will
• Witnessed by two independent witnesses
• Signed or acknowledged in the presence of both witnesses

 

Useful evidence includes:

Evidence from Witnesses

Statements from the individuals who witnessed the will can reveal whether they were present, whether they actually saw the testator sign, or whether they signed at different times.

Handwriting or Signature Experts

If the signature appears inconsistent, an expert can compare samples to determine authenticity.

 

Evidence for Lack of Knowledge and Approval

Even if a will is validly executed, the testator must have understood and approved its contents. This is particularly important when:

 

• The will is unusually complex
• The person who benefits heavily helped draft the will
• The testator was elderly, ill, or vulnerable

 

Useful evidence includes:

Drafting Solicitor’s Notes

These may show whether the will was explained to the testator, whether they asked questions, or whether they appeared confused.

Circumstantial Evidence

Evidence showing suspicious circumstances, such as a beneficiary arranging the will-writing appointment or isolating the testator, which can support this ground.

 

Evidence for Undue Influence

Undue influence claims are among the hardest to prove because undue influence often happens behind closed doors. You must show that pressure or coercion overcame the free will of the testator.

Useful evidence includes:

 

Behavioural Patterns

Evidence of threats, manipulation, isolation, or emotional abuse.

Financial Records

Unexplained withdrawals, gifts, or transfers shortly before the will was made may indicate pressure.

Witness Statements

Testimonies from friends, relatives, or carers who noticed controlling behaviour can support your claim.

Medical Evidence

Any vulnerability that made the testator more susceptible to influence is relevant—frailty, cognitive decline, dependence on a carer, or physical disability.

 

Evidence for Fraud or Forgery

If you suspect the will is forged or fraudulent, you need strong technical evidence:

 

Handwriting Experts

A forensic document examiner can analyse signatures and writing style.

Digital Evidence

Emails, texts, or electronic metadata may reveal tampering or false statements during the drafting process.

Inconsistencies

Differences between earlier wills and the disputed will may help demonstrate suspicious changes.

 

Evidence for Rectification Claims

If the will contains clerical errors or fails to reflect the testator’s intentions due to a drafting mistake, you can pursue rectification.

Useful evidence includes:

 

• Drafts of the will
• Instructions given to the solicitor
• Attendance notes
• Letters or emails confirming intentions

 

This evidence helps show what the testator actually wanted.

 

Evidence for Inheritance Act Claims

If you are bringing a claim for reasonable financial provision under the Inheritance Act 1975, you must show financial need.

Useful evidence includes:

 

• Bank statements
• Income and expenditure records
• Evidence of financial dependence on the deceased
• Medical reports relating to disability or illness
• Proof of relationship or cohabitation

 

Why It Is Essential to Consult a Specialist Contentious Probate Solicitor

Challenging a will is complex, emotional, and legally technical. Evidence must be strong, relevant, and carefully presented. A specialist contentious probate solicitor plays a vital role at every stage.

 

1. They Know Which Evidence Carries Weight

Not all evidence is admissible or persuasive. A specialist solicitor understands what the courts consider strong evidence and can identify gaps, strengthen your case, and gather the right documents.

 

2. They Can Obtain Records You Cannot Access Alone

Medical files, solicitor’s notes, witness statements, and expert reports often require legal authority. A contentious probate solicitor can:

 

• Issue formal evidence requests
• Apply for disclosure
• Contact witnesses
• Instruct experts

Their involvement ensures evidence is collected lawfully and efficiently.

 

3. They Help Prevent Costly Mistakes

Contesting a will can be expensive. If you pursue the wrong grounds or rely on weak evidence, you risk losing and facing significant legal costs. A specialist solicitor guides you toward the most realistic and cost-effective route.

 

4. They Provide Strategic Advice

Every case is different. A solicitor will assess the strength of your evidence, outline your prospects of success, and advise whether to negotiate, mediate, or go to court.

 

5. They Protect Your Rights and Position

Emotions run high in inheritance disputes, and relationships can deteriorate quickly. A solicitor acts as a buffer, handling communication and ensuring your position is protected at every stage of the claim.

 

Don’t Hesitate – Contact Our Team Today

Whether you suspect lack of capacity, undue influence, invalid execution, or a need for rectification, your case hinges on the strength of the evidence you present. Because these claims are legally complex and emotionally challenging, consulting a specialist contentious probate solicitor is essential.

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.

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