You may have taken every sensible step.
You instructed professional will writers. You explained your wishes. You signed the document correctly, with independent witnesses. Perhaps your solicitor even recorded why you wanted to leave your estate in a particular way.
Then, after your death, a family member makes a claim.
That can feel deeply unfair. It can also lead to distressing court battles, lengthy legal processes and a bill that reduces the inheritance you worked hard to protect.
The uncomfortable truth is that there is no such thing as a completely “challenge-proof” Will in England and Wales.
If nothing changes, the risk does not disappear. In three months, you may still be carrying on under the comforting assumption that your Will is safe and your family is protected. In six months after your death, a disappointed family member may issue a claim, usually within the six-month time limit running from the grant. In twelve months, the people you wanted to protect may be caught in litigation, dealing with stress, delay and legal bills that eat into the very inheritance you meant to preserve.
That is why this matters now, not later. A professionally prepared Will, backed by a realistic estate plan and clearly documented reasons for your decisions, can significantly reduce the risk of a claim and make any claim that is brought much easier to defend.
A professionally drafted Will is still extremely important. It can reduce the risk of disputes about how the Will was made and what you intended. However, it cannot prevent an eligible person from asking the court for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
The Act reached its 50th anniversary in 2025. Its message remains highly relevant: your freedom to decide who inherits is important, but it is not entirely unlimited.
A valid Will can still be challenged
There are two different ways that someone may challenge an estate.
The first concerns the validity of the Will. A person may argue, for example, that:
- the Will was not signed or witnessed correctly;
- you did not understand what you were signing;
- you lacked the mental capacity to make the Will;
- someone placed you under undue influence; or
- the Will was forged or affected by fraud.
The second concerns reasonable financial provision.
In this situation, the person bringing the claim may accept that your Will is valid. They argue instead that it fails to provide reasonably for them, given their relationship with you and their financial circumstances.
That is the route created by the Inheritance Act.
The legislation allows the court to consider whether a Will or the intestacy rules , the legal rules that apply when someone dies without a valid Will , makes reasonable financial provision for certain family members and dependants.
The Act describes the standard for most claimants as:
“Such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance.”
For a surviving spouse or civil partner, the test is wider. The court can consider what would be reasonable in all the circumstances, whether or not the provision is strictly required for maintenance.
This is why a carefully drafted Will can still face litigation.
Who can bring an Inheritance Act claim?
The Act does not allow just anyone to challenge your estate. The person must fall within one of the qualifying categories.
A potential claimant may include:
- your spouse or civil partner;
- a former spouse or civil partner who has not remarried or entered a new civil partnership;
- someone who lived with you as a partner for at least two years before your death;
- your child, including an adult child;
- someone treated by you as a child of the family; or
- someone you were financially maintaining, wholly or partly, immediately before your death.
That last category can cause particular uncertainty. Financial support does not always involve a formal agreement. Regular payments, accommodation, care or other meaningful assistance may become relevant when the court examines the facts.
An adult child is not automatically entitled to an inheritance. Equally, an adult child cannot always be dismissed as having no possible claim. The court will consider the individual circumstances, including their needs, any disability, their relationship with you and the size of your estate.
Why a solicitor’s Will is still worth having
It may sound contradictory to say that a professional Will cannot guarantee protection, while also recommending professional will writing services.
There is no contradiction.
A professionally prepared Will can help prevent avoidable problems. It should reflect your circumstances, identify the people who may be affected by your decisions and make your wishes clear.
It can also help reduce the risk of a claim based on the Will’s validity.
For example, if there are concerns about your health or memory, your solicitor may recommend obtaining medical evidence about your capacity at the time you give instructions. Your solicitor should also take care over the signing and witnessing process and keep a clear record of your instructions.
These steps do not stop an Inheritance Act claim. They can, however, make it easier to defend your intentions and deal with allegations that the Will was improperly made.
As we often explain to clients, a legally valid Will is not necessarily a legally safe estate plan. The quality of the surrounding advice, records and family planning can matter enormously.
What protections actually help?
You cannot remove every risk. You can manage it.
Think beyond the document
A Will is only one part of your estate plan. We need to understand your family relationships, property ownership, financial support arrangements and any promises you have made.
If you have excluded someone who might expect to benefit, we will ask why. If you support someone financially, we will consider how that support should be documented. If your estate includes a business, farm or property that cannot easily be divided, that needs careful thought too.
Record your reasons carefully
A separate letter of wishes can explain why you made particular decisions. It may be especially helpful where you have chosen not to leave an inheritance to a close family member or have left unequal shares.
A letter of wishes is not a substitute for a Will, and it does not prevent a claim. It is not a document that the court must follow. However, it may help explain your intentions and the circumstances in which you made them.
The wording must be handled carefully. An angry or accusatory letter could inflame a dispute rather than settle one.
Review your Will after major life changes
You should review your Will after marriage, divorce, separation, the birth of a child, a death in the family, a substantial change in your assets or a change in the person you support.
You should also review any arrangements involving property, trusts or lifetime gifts. A plan that made sense ten years ago may no longer reflect your responsibilities today.
Use the right structure for your family
Sometimes a straightforward gift is appropriate. In other situations, a trust, life interest or staged inheritance may better protect a vulnerable beneficiary or prevent an asset being lost immediately.
That does not mean trusts are a way to hide assets from potential claimants. Transactions designed to defeat an Inheritance Act application can be scrutinised. Good planning is transparent, properly advised and based on genuine objectives.
Talk before a crisis
You do not have to tell everyone the exact contents of your Will. However, carefully explaining the broad reasons behind difficult decisions may reduce shock and suspicion later.
Family conversations can be uncomfortable. So can discussing illness, dependency and money. But a short, calm conversation now may prevent relatives trying to reconstruct your intentions after your death.
What happens if a claim is made?
An Inheritance Act claim usually needs to be issued within six months of the grant of probate or letters of administration. A grant is the formal authority allowing personal representatives to deal with the estate.
The time limit is important. If you think you may have a claim, or you are an executor dealing with a possible claim, you should obtain advice promptly.
The court will consider matters such as:
- the claimant’s financial resources and needs;
- the needs of other beneficiaries;
- your obligations and responsibilities;
- the size and nature of the estate;
- any physical or mental disability; and
- the nature of the relationship between you and the claimant.
The court may order a lump sum, regular payments, the transfer of property or another arrangement. There is no simple formula.
That is why early advice matters. A sensible dispute resolution strategy may involve correspondence, negotiation or mediation before litigation becomes necessary. Specialist dispute resolution solicitors can help assess the strength of a claim, protect the estate and explore settlement options without immediately committing the family to a courtroom battle.
If court proceedings are unavoidable, preparation still matters. Evidence, estate information, medical records, correspondence and your reasons for making the Will may all become important.
A practical next step
Do not ask whether your Will is “challenge-proof”. Ask whether it is well considered, properly executed and supported by a realistic plan for the people who depend on you.
That is the more useful question.
We can review your circumstances, identify potential points of conflict and explain which steps may reduce the risk of an expensive dispute. We offer Will appointments at a time and location convenient to you, including at home, at your office or online.
Tyto Law supports clients in Crowle, North Lincolnshire, Lincoln and the surrounding areas. If you need advice from a private client solicitor, our team can help with Wills and related estate planning. If a dispute has already arisen, our dispute resolution solicitors can discuss the options available.
For dispute resolution matters, our initial consultation costs a fixed fee of £175. This fee does not apply to Wills, Lasting Powers of Attorney or Probate matters; we will explain the relevant costs for those services when we discuss your needs.
Please contact us through our Wills services page, call Lincoln on 01522 243467, call Crowle on 01724 642842, or email info@tytolaw.co.uk.
A “challenge-proof” Will may not exist. A thoughtful, carefully documented estate plan can still put your mind : and your family’s future : in a much safer position.
About the author
Oliver Saxon : Principal Solicitor
Oliver Saxon is the Principal Solicitor at Tyto Law Solicitors. He advises individuals on Wills, Lasting Powers of Attorney, Probate and disputes, with a focus on clear communication and practical solutions.
Oliver supports clients across Lincoln, Crowle and North Lincolnshire, offering flexible appointments at home, at work or online. His approach is straightforward and client-focused: understand your circumstances, ask the right questions and help you take sensible action before a legal problem becomes a family crisis.