When Wills Fail: Common Scenarios That Lead to Legal Challenges
- Maplebrook Services
- Oct 1
- 4 min read
Updated: Oct 2
A Will is a crucial legal document that outlines how a person’s assets should be distributed after their death. Ideally, a well-drafted Will brings clarity and peace to loved ones during a difficult time. However, in many cases, Wills become sources of conflict, confusion, or outright litigation. Apparently, more than 25% of Wills in the U.K. are challenged. Many are settled out of court in an endeavour to avoid expensive legal costs. Below are some common scenarios where Wills fail or are challenged, highlighting the importance of careful estate planning and professional and expert oversight.
Lack of Testamentary Capacity
One of the most common grounds for challenging a Will is the testator’s (person making the Will) lack of mental capacity at the time the Will was made. To be valid, a Will-maker must understand the nature of their assets, who their beneficiaries are, and the legal effect of signing a Will.
Scenario
An elderly woman suffering from early-stage dementia signs a new Will that significantly alters the distribution of her estate, excluding her children in favour of a new caregiver. Her children later contest the Will, providing medical records and witness statements suggesting she was not of sound mind at the time of signing. The court finds that she lacked testamentary capacity, and the new Will is invalidated.
Undue Influence
Undue influence occurs when someone pressures or manipulates the testator into changing their Will in a way that benefits the influencer, often at the expense of others.
Scenario
A man in his 80s becomes dependent on his niece for daily care. Over time, she isolates him from his other relatives and persuades him to name her as the sole beneficiary. After his death, other family members challenge the Will, alleging undue influence. The court considers the sudden change in the Will, the man’s vulnerability, and the niece’s dominant role in his life, ultimately ruling in favour of the challengers.
Improper Execution
For a Will to be valid, it must comply with the formal legal requirements of the jurisdiction. This typically includes being signed by the testator in the presence of at least two witnesses, who must also sign the document.
Scenario
A woman writes her own Will using an online template but fails to have it properly witnessed. After her death, her family discovers the Will, but because it was not signed in accordance with legal requirements, the court refuses to recognise it. Her estate is instead distributed according to intestacy laws, disregarding her stated wishes.
Fraud or Forgery
If a Will is found to be forged or created under fraudulent circumstances, it can be declared void.
Scenario
A man’s Will leaves equal shares of his estate to his three children. After his death, a new Will surfaces, favouring only one child. Suspicious, the other siblings hire a handwriting expert who determines the signature is forged. The court agrees and voids the fraudulent Will, reinstating the earlier valid document.
Outdated or Revoked Wills
Sometimes, a Will is challenged or disregarded because it has been revoked or is no longer applicable due to major life changes, such as marriage, divorce, or the birth of new children.
Scenario
A client of a fellow legacy planner friend of mine received a telephone call one Thursday from an existing client advising that he was remarrying at the weekend and was aware that marriage revokes a previous Will. He asked for an appointment the following Tuesday as he wanted to continue to leave his assets to his children from his first marriage.
Very unfortunately, he had a fatal heart attack on his wedding night and accordingly his estate came under intestacy laws and his new widow inherited much of his estate. She was not prepared to relinquish them to his children. Some four years later the estate is still not settled, with the children taking legal action through the Courts endeavouring to get judgement that they should indeed inherit his estate.
Gifts That Fail
Sometimes charitable gifts can fail if the intended charity beneficiary no longer exists.
Scenario
A High Court battle over a £1.9 million charity bequest pitted Llamas and Alpacas against Donkeys, Mules and Bears. Candia Midworth divided her estate between six charities. However, three of the charities no longer existed and the Llama charity claimed that they should be entitled to 50% of the estate and not just 1/6th.
Maplebrook Services Wills automatically provide (if the client wants) for another charity with similar aims to benefit from such a scenario.
The judge decided in a similar manner naming three alternate charities to benefit from the estate.
Conclusion
Wills are meant to provide clarity, but when poorly drafted, improperly executed, or influenced by outside forces, they can lead to bitter disputes. To prevent such issues, it is vital to seek professional expert advice and regularly update the Will to reflect life changes. Taking these precautions can help ensure a person’s final wishes are honoured and their loved ones are protected from unnecessary, and costly, legal battles.
Maplebrook Services has designed our Personal Information Questionnaire and Will Instructions form to include reference to leading cases that have gone through the Courts. We identify the decisions and reasons for such decisions and turn such reflections into questions that are addressed at our meeting with clients. These are recorded and are available, as evidence, if there was a challenge to the Will under some of the scenarios listed above.
At Maplebrook Services, we help clients by:
Drafting legally robust Wills that clearly state your wishes.
Providing secure Will storage to prevent tampering.
Offering probate support to ensure your estate is administered safely and efficiently.
All advisors at Maplebrook Services are fully qualified Willwriters, registered with the Institute of Professional Willwriters, who undergo regular Continuing Professional Development through numerous webinars, weekly updates and notifications of forthcoming/new legislation. Maplebrook Services Limited has €2.4 Million of Professional Indemnity insurance.
Contact Maplebrook Services today to protect your estate and ensure your assets go to the people you choose.
Call us: +357 26 600780
Email: info@maplebrookservices.com
