How to Challenge a Will With Unauthorised Amendments

When a person dies, their will – a legal document setting out how their estate should be distributed – usually determines who receives their assets. In some cases, however, a will may contain unauthorised amendments or irregular changes that raise questions about its legal validity. Recognising when and how to challenge such a will can help protect the rights of beneficiaries or potential beneficiaries and ensure that the deceased's true intentions are honoured.

This article explains, in clear terms, how the law in England and Wales treats issues of unauthorised amendments in wills and the practical steps involved in challenging them.

1. What Is an Unauthorised Amendment in a Will?

An unauthorised amendment is a change to a will that has not followed the formal legal requirements set out in law. Common examples include:

• Handwritten changes made after the will was executed without witnesses.
• Alterations inserted without observing legal formalities (for example, not signed or witnessed correctly).
• Parts of a will added in a way that suggests improper influence or forgery.

Such amendments may call into question whether the will reflects the true wishes of the deceased or whether the document is legally valid.

2. Relevant Legal Requirements for Wills in England and Wales

Under the Wills Act 1837, for a will to be valid it must:

• Be in writing.
• Be signed at the end by the testator (the person making the will).
• Be signed in the presence of two witnesses who also sign in the presence of the testator.

If these requirements are not met, including in relation to any amendments, the will (or part of it) may be invalid.

3. Why Unauthorised Amendments Matter

An unauthorised amendment can affect the validity of the entire will or just the part that was changed. Courts may regard such changes as:

• Invalid due to non‑compliance with formal execution rules.
• Evidence of improper conduct, such as undue influence or fraud.
• Indicative of lack of understanding or approval by the testator.

In practice, handwritten additions or deletions that lack formal witnessing are highly unlikely to be treated as valid modifications. If the amendment is significant and not properly executed, the law generally treats the original unamended will as the effective last will unless other evidence suggests otherwise.

4. Grounds for Challenging a Will With Unauthorised Amendments

To challenge a will or parts of a will affected by unauthorised amendments, a claimant must rely on legal grounds recognised by the courts:

a) Improper Execution

If the amendment was not executed in accordance with the legal formalities required by the Wills Act, that part of the will may be invalid. The court could decide that the unauthorised change has no legal effect.

b) Lack of Knowledge and Approval

Even if a will appears correctly executed, it may be challenged if the testator did not understand or approve its contents at the time of signing. Suspicious late changes can be an indicator that the testator did not approve the final document.

c) Testamentary Capacity

The person making the will must have had the mental capacity to make that decision. If the amendment was made at a time when the testator lacked capacity (due to conditions like dementia), it may be invalid.

d) Undue Influence

If someone exerted pressure, coercion, or manipulation to induce the testator to make or alter the will, a challenge on the basis of undue influence may be possible. This requires evidence that the testator's free will was overborne.

e) Fraud or Forgery

Deliberate falsification of a will or amendments (for example forging the signature of the testator) is a serious ground for challenge and may render the will or affected clauses void.

5. Practical Steps to Challenge a Will

Challenging a will involves several procedural steps:

a) Obtain the Will and Related Documents

Request a copy of the will and, if applicable, any will file or draft notes from the professional who prepared it. These documents may show who was involved and how the will was executed.

b) Lodge a Caveat

A caveat is a formal notice filed at the Probate Registry that prevents the grant of probate being issued while an issue is investigated. This is important if you believe there is an urgent concern about the validity of a will.

c) Gather Evidence

Assemble all relevant evidence supporting your challenge, including witness statements, medical records, correspondence with the testator and any documents that demonstrate improper execution or influence.

d) Seek Legal Advice

Will challenges are legally complex. It is strongly recommended that you consult a solicitor who specialises in contentious probate and will disputes.

e) Issue a Court Claim

If the issue cannot be resolved by agreement or procedural measures, a claim may be issued in the Probate Registry or appropriate court. The claim must clearly state the grounds for challenge and supporting evidence.

6. Time Limits and Deadlines

There are specific timelines to be aware of:

• If you seek to challenge the validity of a will itself (for example, due to improper execution or fraud), there is no strict statutory time limit, though practical considerations make early action essential.
• If you intend to make a claim for provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975, you generally must start within six months of the Grant of Probate being issued.

7. Risks and Considerations

Challenging a will is often expensive and may be emotionally demanding for families. Typical practical considerations include:

• Costs: Legal fees and expert witness costs can be significant.
• Burden of Proof: The challenger bears responsibility for proving their case.
• Potential Personal Strain: Family relationships may become strained.

Balancing these risks against the likelihood of success is important before proceeding.

8. Alternatives to a Will Validity Challenge

If the will is valid but appears unfair, you might consider:

• A claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision.
• Seeking negotiation or alternative dispute resolution with executors and beneficiaries.

These do not require proving invalidity of the will itself.

Key Takeaways

Challenging a will in England and Wales on the basis of unauthorised amendments requires an understanding of both the legal requirements for valid execution and the recognised grounds for contesting a will. Key points include:

• Unauthorised amendments that do not comply with formal legal requirements are unlikely to be valid.
• Challenges are typically grounded on improper execution, lack of capacity, undue influence, or fraud.
• Early action, including lodging a caveat and gathering evidence, is essential.
• Solicitors experienced in probate disputes are important to navigate the legal process.
• Alternative claims (such as under the 1975 Act) may be available if the challenge is unsuccessful or not appropriate.