The Risk of Not Having a Valid Will

If you pass away without a valid or updated Will, your wishes will be overridden according to imposed law (intestacy rules) and your assets will be distributed by these legal means. This could result in excluding the very people you wished to benefit from your Estate, or those you simply assumed would inherit. Furthermore, having nothing in place at the time of your death often leads to costly and time-consuming legal action for your loved ones. Making a Will is the secure way to ensure your Estate is passed on to the right people, according to your specific wishes, and allows you to assign trusted individuals to carry out those instructions.

Protecting Your Legacy

Our Estate Planning and Probate Solicitors offer more than just legal documentation; they provide detailed, expert advice on future planning, paying particular attention to crucial areas like Inheritance Tax. Our Solicitor partners have built a large and trusted client base, spanning private individuals to corporate companies, over hundreds of years of providing quality services. The team’s breadth of experience enables them to take the stress away, assisting you with planning ahead and ensuring your chosen beneficiaries are provided for in the future.

The Dangers of Unregulated Agencies

Don’t be tempted by cheap online services, because these are often unregulated agencies. These “one-size-fits-all” documents often fail to account for complex family structures or tax implications, leaving your loved ones at risk.

Talk to our trusted team first. Our legal partner provides professional oversight and regulated expertise to ensure your legacy is fully protected.

Can a Will be Contested?

Yes, under English law, individuals generally enjoy “testamentary freedom,” meaning they have the right to leave their assets to whomever they choose. However, this freedom is not absolute. Disputes over estates have become increasingly common and there are specific legal grounds upon which a will can be challenged.

Challenging the Validity of a Will

A Will may be contested if there are serious concerns regarding its preparation, the testator’s state of mind, or the circumstances of its execution. The most common grounds for a challenge include:

• Lack of Mental Capacity: For a will to be valid, the person making it (the testator) must be of “sound mind, memory, and understanding.” If they suffered from a condition like dementia or a temporary mental impairment at the time of signing, the will may be invalid.
• Lack of Knowledge or Approval: The testator must fully understand and approve the specific contents of their will. If there is evidence they did not know what they were signing, the document can be challenged.
• Undue Influence or Fraud: A will can be set aside if it is proven that the testator was coerced, pressured, or manipulated into making certain provisions. Similarly, if a testator was deceived by false information about family members (fraudulent calumny), the will may be voided.
• Failure to Comply with Formalities: Under the Wills Act 1837, a will must be in writing, signed by the testator and witnessed by two people simultaneously. If these strict formalities are missed, or if a signature is forged, the will is legally invalid.

Do You Have Concerns?

Contesting a Will is a complex and often emotional process. Legal disputes can be costly and may significantly reduce the value of the estate.

If you have concerns or if you feel you have been unfairly excluded from a Will that you believe you should be a part of, it is essential to seek professional advice. Early intervention can often resolve disputes through mediation before they reach a courtroom.

Note: There are also provisions under the Inheritance (Provision for Family and Dependants) Act 1975 that allow certain individuals (such as spouses, children, or financial dependents) to claim a share of an estate if the Will fails to make “reasonable financial provision” for them, even if it’s technically valid.

Lasting Powers of Attorney. Do You Need One?

With UK dementia cases hitting over 1 million in 2025, it is a modern reality that any of us could lose mental capacity.

While most people prioritise making a Will, a Lasting Power of Attorney (LPA) is often more critical, as it protects you during your lifetime.

Without an LPA, your family faces significant hurdles. Modern banks and healthcare providers can no longer offer “flexibility” they require legal authority to discuss your affairs. If you lose capacity without one, your family must apply to the Court of Protection for a Deputyship. This process is slow, expensive and subject to ongoing court supervision.

An LPA ensures that the people you trust have the power to help when you need it most. Because these are powerful legal documents, it is vital to have them drafted correctly to ensure your future is fully protected. Our legal partners is here to guide you through the process and give you and your family total peace of mind.