A professionally drafted Will can reduce the risk of a dispute, but it cannot guarantee that every family member will agree with its contents. When a Will comes as a shock, or someone believes the person who made it did not understand or freely choose its terms, relatives may challenge it.
In the first three months, uncertainty can delay decisions about the estate and put executors under pressure from different sides. By six months, an important deadline may be approaching: a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 usually has to be made within six months of the first grant of representation. At 12 months, a dispute that has not been dealt with may have grown more entrenched and costly. These are possibilities, not fixed stages: the timing and risks depend on the facts, and there is no single six-month deadline for every kind of Will challenge.
The practical point is simple: do not assume that “a solicitor drafted it” ends the argument. Equally, a challenge is not proof that the Will is invalid. The evidence matters.
What happened in Patel v O’Sullivan?
In Priti Patel v Nicholas O’Sullivan & Ors [2026] EWHC 801 (Ch), the High Court upheld a professionally prepared Will challenged on the grounds that the testator had not known and approved its contents and had been unduly influenced.
The solicitor’s work helped, but the court did not treat professional preparation as an automatic answer. In fact, the judge did not rely on a presumption that a solicitor-prepared Will must be understood and approved. He considered the evidence as a whole.
The solicitor had taken instructions from the testator alone for more than an hour, recorded them in a questionnaire and attendance note, and read through the Will with her before she signed. Crucially, the note recorded how he explained the practical effect of provisions about her home, a disputed loan and a clause aimed at discouraging challenges. The judge accepted that she understood those terms and wanted them included.
The court also rejected the allegation of undue influence. It found that motive or opportunity to influence someone was not enough: the evidence had to establish coercion, meaning pressure that overbore the testator’s free choice. The judgment’s lesson is not that a solicitor’s involvement guarantees success. It is that careful instructions, clear explanations and reliable records can make a significant difference when a Will is later scrutinised.
As the judgment notes, “Each case, however, turns on its own facts.” Read the full judgment.
Why can a professionally prepared Will still be challenged?
A Will can be professionally drafted and still be disputed for several different reasons. Some claims question whether it is valid; others ask the court to interpret or correct its wording, or to make financial provision for an eligible person.
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Lack of knowledge and approval: The person making the Will must understand and approve what it says and the effect of its terms. A signature alone may not resolve concerns if, for example, the Will contains unexpected provisions or the circumstances surrounding its preparation seem suspicious.
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Lack of testamentary capacity: This means the person lacked the mental capacity required to make a Will at the relevant time. Illness, a diagnosis or old age does not automatically prove incapacity; the question depends on the person’s ability to make this particular Will at the time.
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Undue influence: In this context, it means coercion that overcomes the person’s free decision, not simply persuasion or family involvement. The person alleging it needs evidence to support the claim.
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Forgery or fraud: A claimant may say the signature is not genuine, or that deception affected the making or contents of the Will. These are serious allegations and must be properly evidenced.
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Rectification or construction: Rectification asks the court to correct a Will in limited circumstances, such as where a drafting error means it fails to carry out the testator’s instructions. A construction claim asks what the words mean when a provision is unclear. Neither is necessarily a claim that the whole Will is invalid.
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A 1975 Act claim: An eligible person may argue that the Will fails to make reasonable financial provision for them. This is different from proving that the Will is invalid: the court may consider financial provision even if the Will itself stands.
The rules for probate claims require specific details of the grounds and facts relied on. You can read them in Civil Procedure Rules Part 57. For a 1975 Act claim, the usual six-month period runs from the date the grant is first taken out. The court may permit a late claim, but you should not rely on that. The statutory time limit is not a universal deadline for challenging a Will’s validity; other timing rules can depend on the type of claim and circumstances.
What good Will-making practice looks like
The strongest protection is not a special clause or a promise that a dispute can never happen. It is a clear, careful process that records the testator’s wishes and the decisions behind them.
When preparing a Will, professional will writers and solicitors should take instructions directly from the person making it, check that they understand the proposed gifts and consequences, and record why any significant change has been made. If capacity is in doubt, obtaining appropriate medical evidence at the time may help clarify the position later. It is also sensible to consider whether the person should receive advice privately, away from anyone who may benefit.
A clear letter of wishes can explain the reasons for a decision, especially where the Will treats family members differently. It does not replace the Will, and it cannot prevent a claim, but it may help explain the testator’s intentions. Avoiding an unexplained surprise can also reduce distress, although you do not have to leave every person an inheritance.
Finally, review your Will after major life changes, such as marriage, separation, a death in the family or a significant change in your assets. Our Will writing services are designed to help you put your wishes into clear legal form and protect the people who matter to you.
If you are an executor or beneficiary facing a challenge
Do not distribute the estate simply to bring the matter to an end. First, get advice on the nature of the dispute and whether distribution should pause. An executor who distributes while a serious claim remains unresolved may face further legal complications.
Preserve the Will, drafts, attendance notes, letters, emails, medical information and any other relevant documents. Do not annotate or alter originals, and avoid heated exchanges with relatives. A solicitor can help you understand whether the issue concerns validity, interpretation, rectification or financial provision, and what steps may protect the estate.
If a Will has not yet been admitted to probate, a caveat may be one way to prevent a grant while concerns are investigated. It is not a final decision on validity, and it should not be used without understanding the consequences. Get advice promptly, especially if a grant has already been issued or a 1975 Act deadline may be running.
Our Will dispute resolution team can help you assess the evidence and explore proportionate ways to resolve the dispute. We aim to give you straight answers and consider negotiation or mediation where appropriate, while advising you if litigation may be necessary.
Protecting your family starts with clear evidence
A professionally prepared Will is more defensible when the file shows how instructions were taken, what was explained and why important decisions were made. That cannot prevent every disagreement, but it can help your family avoid uncertainty, lengthy legal processes and expensive litigation.
For dispute resolution matters, our initial consultation costs a fixed fee of £175. This fee does not apply to Wills, LPAs or Probate. We meet clients in Crowle, North Lincolnshire, and Lincoln, and can arrange an appointment at a time and place that suits you. Contact Tyto Law Solicitors to discuss your situation and find out what to do next.
About the author
Oliver Saxon, Principal Solicitor, entered the legal profession in 2009 and qualified as a solicitor in 2012. He has worked in legal practice for more than a decade and founded Tyto Law Solicitors in 2018, with a focus on clear, practical legal services for individuals. Read more about Oliver.
Category: Dispute Resolution