By Jennifer Quick

Senior Associate Solicitor

25 July 2025

Insights News

If you have a Will in place which records how your Estate should be dealt with in the future after you have gone, then you are certainly helping your loved ones when it comes to knowing how to ensure your assets are distributed in accordance with your wishes. Disputes over a Will however can and do arise, often with consequential long-lasting damage to familial relationships. While not all disagreements lead to Court proceedings, when it comes to Will preparation and execution, certain red flags suggest a higher risk of litigation. Whether you’re making a Will or concerned about one that’s already been made, here are 10 warning signs to watch out for:

1. The Will Is drastically different from an earlier version: A sudden change in a Will that cuts an individual out or benefits a new person often raises suspicion.
2. The Testator was vulnerable at the time the Will was made: If the person was unwell, very elderly, or reliant on others, they may have been more susceptible to undue pressure.
3. Unusual involvement of a Beneficiary: Did one beneficiary arrange for the Will to be made, or was present during its signing?
4. Lack of mental capacity: If the deceased suffered from dementia or confusion, their capacity to make a will may be called into question.
5. A lack of independent legal advice: Homemade wills or those drafted without the assistance of a solicitor are more likely to be challenged.
6. Promises made during lifetime: Disputes can arise when an individual was promised something verbally but then they later find out they’ve been left out of the Will.
7. Exclusion of close family members: Leaving out children, a spouse, or a long-term partner without explanation can invite challenges. Speak to your solicitor as to how to best deal with this situation if it applies to you.
8. Disputes about ownership of property: Disputes can arise over whether certain assets form part of the Estate (e.g. joint accounts, gifts, or property subject to a trust).
9. A poorly drafted or ambiguous Will: A confusing or contradictory Will may give rise to disputes about its meaning or intention.
10. Unexplained large gifts before death: Significant gifts made shortly before death can suggest undue influence or raise questions about capacity.

If any of these warning signs might apply to your circumstances, it is always best to seek legal advice to ensure your wishes are carried out and thereby minimise the risk of your Will being challenged by a disgruntled third-party. Your solicitor will be able to assist you in navigating a path which, not only serves to protect your wishes, but also seeks to preserve your family relations for the future ahead.

If, on the other hand, you do find yourself in a position where any of the above warning signs are present or something doesn’t sit right with you, please do not hesitate to contact us here to discuss your situation further.

Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.