Testamentary Dispute

Testamentary Dispute
Testamentary Dispute
Full Overview Of Testamentary Dispute

Will disputes, also called testamentary disputes, occur when there are disagreements about the validity or interpretation of a deceased person’s will. These disputes can be complex and emotionally challenging, involving family members, beneficiaries, and executors. Understanding the nature of will disputes, the grounds for contesting them, and the legal processes involved is important for effectively resolving these conflicts.

This comprehensive overview provides insight into will disputes, examining their causes, legal frameworks, practical considerations, and potential resolutions.

What Is A Testamentary Dispute?

A testamentary dispute occurs when an individual or party challenges the validity or content of a deceased person’s will. Such disputes can arise for various reasons, including allegations of improper execution, undue influence, a lack of testamentary capacity, or perceived unfairness in the distribution of assets. Resolving these disputes requires navigating complex legal procedures, often involving mediation or litigation.

Common Causes of Testamentary Dispute

Testamentary disputes can arise from a multitude of factors. Some common causes include:

  1. Lack of Testamentary Capacity: This occurs when the testator (the person who made the will) did not have the mental capacity to understand the nature and effect of making a will at the time it was executed.
  2. Undue Influence: Allegations that the testator was coerced or influenced by another party to make the will in a particular way that does not reflect their true intentions.
  3. Improper Execution: Claims that the will was not executed in accordance with legal requirements, such as improper witnessing or signing procedures.
  4. Fraud or Forgery: Accusations that the will or parts of it were forged or that the testator was deceived into signing it.
  5. Ambiguity or Mistake: Disputes arising from unclear, ambiguous, or mistaken terms within the will, leading to different interpretations of the testator’s intentions.
  6. Family Disputes: Inherent family conflicts or perceptions of unfairness in the estate distribution can lead to challenges against the will.

Legal Framework and Grounds for Contesting a Will

Specific statutory provisions and case law precedents govern the legal framework for contesting a will. In the UK, the following grounds are commonly cited in testamentary disputes:

  1. Lack of Testamentary Capacity: Under the Mental Capacity Act 2005, a person must have the mental capacity to make a will. The test for capacity involves understanding the nature of making a will, the extent of the property being disposed of, and the claims to which the testator ought to give effect.
  2. Undue Influence: To establish undue influence, it must be shown that the testator was coerced into making the will under pressure that overpowered their free will.
  3. Improper Execution: The Wills Act of 1837 sets out the formal requirements for executing a valid will, including the necessity of the testator witnessing and signing in the presence of two witnesses.
  4. Fraud or Forgery: Proof of fraud or forgery requires demonstrating that the will was altered or created deceitfully.
  5. Lack of Knowledge and Approval: The testator must have known of and approved the will’s contents. If evidence suggests the testator did not understand or agree with the terms, the will can be contested.
  6. Revocation: A will can be contested if it is believed that a later will exists or if there is evidence that the will was revoked by the testator before their death.

Practical Considerations in Contesting a Will

Challenging a will involves various practical steps and considerations:

  1. Seek Legal Advice: Consulting with a solicitor specialising in probate and estate law is crucial to understand the merits of the case and the legal grounds for contesting the will.
  2. Gather Evidence: Collecting evidence to support the grounds for contesting the will, such as medical records, witness statements, and documentation of the testator’s relationships and mental state.
  3. Mediation and Negotiation: Exploring alternative dispute resolution methods, such as mediation or negotiation, to resolve the dispute amicably without litigation.
  4. Initiate Legal Proceedings: If mediation fails, initiating legal proceedings in the appropriate court, typically the Family Division of the High Court, which handles probate disputes.
  5. Consider Costs and Time: Understanding the potential costs and time involved in contesting a will, as these disputes can be lengthy and expensive.

Role of Legal Professionals

Legal professionals play a critical role in testamentary disputes, providing guidance, representation, and support throughout the process. Their responsibilities include:

  1. Advising Clients: Offering legal advice on the likelihood of success, the grounds for contesting the will, and the best course of action.
  2. Gathering and Presenting Evidence: Collecting relevant evidence and presenting a compelling case supporting the client’s position.
  3. Mediation and Negotiation: Facilitating mediation or negotiation between parties to reach a mutually acceptable resolution.
  4. Litigation: Representing clients in court, preparing legal documents, and arguing the case before a judge.
  5. Drafting Settlement Agreements: If the dispute is resolved out of court, draft and formalise settlement agreements to protect all parties’ interests.

Challenges and Considerations

Testamentary disputes present several challenges and considerations:

  1. Emotional Impact: These disputes often involve close family members and can be emotionally charged, exacerbating existing conflicts and causing significant stress.
  2. Complex Legal Issues: The legal principles involved in testamentary disputes can be complex, requiring specialised legal knowledge and expertise.
  3. Evidentiary Challenges: Gathering sufficient and compelling evidence to support the grounds for contesting the will can be difficult, particularly when it involves historical records or the testator’s mental state.
  4. Financial Costs: Legal proceedings can be costly, and parties must weigh the potential financial burden against the benefits of contesting the will.
  5. Lengthy Process: Will disputes can take considerable time to resolve, particularly if they proceed to court, requiring patience and resilience from all parties involved.

Case Studies

To demonstrate the practical application and implications of testamentary disputes, consider the following hypothetical case studies:

Allegations of Undue Influence

After Mr. Jones, an elderly man, passed away, it was discovered that he had left his entire estate to his carer, excluding his children from his will. The children took legal action, claiming that the carer had unduly influenced Mr. Jones to gain control of his estate. They presented evidence showing that the carer had isolated Mr. Jones from his family and manipulated his financial decisions. Eventually, through mediation, a settlement was reached. The carer agreed to accept a reduced share of the estate, and the remaining assets were distributed among the children.

Lack of Testamentary Capacity

Ms. Smith, who had been diagnosed with dementia, created a new will shortly before her passing. The new will favored one of her children over the other, while her previous will had divided her estate equally between the two. The disfavored child contested the new will, claiming that Ms. Smith’s dementia had impacted her ability to make decisions. Medical records and testimony from her doctor supported this claim. The court sided with the disfavored child and reinstated the terms of the original will, distributing the estate equally between both children.

Improper Execution

The will of Mr. Brown was challenged by his niece, who argued that it was improperly executed. The will was signed with only one witness present, instead of the required two. Despite the clear intentions expressed in the will, the court had to declare it invalid because it did not meet the formal execution requirements. As a result, Mr. Brown’s estate was distributed according to the rules of intestacy, which included the niece as a beneficiary.

Legal and Practical Advice for Individuals

For individuals involved in or considering contesting a will, several vital pieces of advice can help navigate the process effectively:

  1. Obtain Legal Counsel: Engage a solicitor with expertise in probate and estate disputes to evaluate the case and provide legal advice.
  2. Act Promptly: Time limits apply for contesting a will, so it is crucial to act promptly to preserve legal rights.
  3. Gather Evidence: Collect relevant evidence early in the process, including medical records, witness statements, and financial documents.
  4. Consider Mediation: Explore mediation as a first step to resolve the dispute amicably and avoid the costs and time associated with litigation.
  5. Understand the Costs: Be aware of the potential financial costs and discuss funding options with your solicitor.
  6. Prepare for Emotional Challenges: Be prepared for the emotional impact of the dispute and seek support from family, friends, or professional counsellors if needed.


Testamentary disputes are complicated and often emotionally charged legal matters that require careful navigation and expert legal guidance. Understanding the common causes, legal grounds, and processes involved in contesting a will is crucial for resolving these disputes effectively.

At DLS Solicitors, we understand the sensitive nature of testamentary disputes and the need for compassionate, expert legal support. Our experienced solicitors are dedicated to providing comprehensive guidance and representation, ensuring that our clients’ interests are protected and that disputes are resolved as efficiently and amicably as possible.

By fully understanding and effectively managing testamentary disputes, individuals and legal professionals can uphold the integrity of the probate process, honour the true intentions of the deceased, and safeguard the interests of all parties involved.

Testamentary Dispute FAQ'S

A testamentary dispute arises when there is a disagreement or challenge regarding the validity, interpretation, or execution of a will. Common grounds include claims of undue influence, lack of testamentary capacity, fraud, or improper execution of the will.

Generally, individuals who can challenge a will include beneficiaries named in the will or previous wills, spouses, children, or other dependents who might have a financial interest in the estate, or those who would inherit under the rules of intestacy if the will is invalidated.

Common grounds for contesting a will include:

  • Lack of testamentary capacity.
  • Undue influence or coercion.
  • Fraud or forgery.
  • Lack of proper execution (e.g., not signed or witnessed correctly).
  • Rectification and construction (errors or ambiguities in the will).
  • Inadequate provision for dependents under the Inheritance (Provision for Family and Dependants) Act 1975.

Testamentary disputes can be resolved through negotiation, mediation, or litigation. If the parties cannot reach an agreement, the case may go to court, where a judge will make a decision based on the evidence presented.

The time limit for contesting a will varies depending on the grounds of the challenge. Generally, claims under the Inheritance Act must be made within six months of the grant of probate. Other claims, such as for undue influence or lack of capacity, do not have a strict time limit but should be made promptly.

The Inheritance Act allows certain family members and dependents to apply to the court for reasonable financial provision from the deceased’s estate if they believe the will or intestacy rules do not provide adequately for them.

Evidence can include medical records, witness statements, financial records, previous wills, solicitor’s notes, and any other relevant documentation that supports the grounds for contesting the will.

Yes, a court can decide that only certain parts of a will are invalid, while the rest of the will remains valid. This is known as partial invalidation or severance.

Potential outcomes include the court upholding the will, invalidating the entire will, invalidating part of the will, or altering the distribution of the estate to provide for claimants under the Inheritance Act.


This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th July 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/testamentary-dispute/
  • Modern Language Association (MLA):Testamentary Dispute. dlssolicitors.com. DLS Solicitors. July 14 2024 https://dlssolicitors.com/define/testamentary-dispute/.
  • Chicago Manual of Style (CMS):Testamentary Dispute. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/testamentary-dispute/ (accessed: July 14 2024).
  • American Psychological Association (APA):Testamentary Dispute. dlssolicitors.com. Retrieved July 14 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/testamentary-dispute/
Avatar of DLS Solicitors
DLS Solicitors : Family Law Solicitors

Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

All author posts