Ask a Solicitor: “Dad changed his Will three weeks before his death. Can it be challenged?”

Disclaimer: The following scenario is fictional but reflects issues regularly seen by contentious probate teams. The answer below is for general information only and is not legal advice on any particular case. Probate disputes are highly fact-specific, and the correct approach will depend on the documents, medical evidence, financial records and family circumstances involved.

“My dad passed away last year after a short illness.

For most of my life, he told me and my brother that his estate would be divided equally between us. We were shocked when a new Will surfaced after his death leaving almost everything to my brother.

The thing that's bothering me is the timing.

The Will was signed just three weeks before Dad died. At that point, he was heavily medicated, barely leaving his room and often seemed confused to me.

My brother had been handling most of Dad's affairs towards the end and was present for meetings with solicitors.

I don't want to start a family war, but I genuinely don't know whether Dad understood what he was signing.

Is there any way to find out whether a Will made so close to someone's death is valid?”

Could the Will be Invalid?

A Will made shortly before death is not automatically invalid.

Many people make or update their Wills during a period of illness, and a Will signed in the final weeks of life can be perfectly valid. The key question is not how close the Will was made to death, but whether the person had the necessary mental capacity, understood and approved the contents of the Will, and was acting of their own free will.

That said, a significant change made shortly before death can justify further investigation, particularly where the new Will departs substantially from earlier arrangements or long-held intentions.

Depending on the circumstances, there may be grounds to challenge a Will based on:

• lack of testamentary capacity – where the person did not properly understand the nature and effect of making a Will, the extent of their estate, or the claims of those who might reasonably expect to benefit;
• lack of knowledge and approval – where there is doubt that the person genuinely understood or approved the contents of the document they signed;
• undue influence – where pressure or coercion was applied so that the Will reflected someone else's wishes rather than the person's own intentions;
• fraud or forgery;
• failure to comply with the legal formalities required for a valid Will.

In this scenario, the fact that Dad was heavily medicated, seriously unwell, reportedly confused at times, and dependent upon the person who benefited most from the new Will would all be relevant factors. The reported involvement of the brother in managing his affairs and attending solicitor meetings may also be matters requiring closer examination.

A common first step in investigating concerns of this nature is to request the solicitor's Will file through what is often called a Larke v Nugus request. This can provide valuable information about who gave instructions for the Will, whether any concerns were raised regarding capacity, who attended meetings, what advice was given, and the reasons recorded for the changes.

If serious concerns exist and probate has not yet been obtained, a caveat may be entered to prevent a grant of probate being issued while investigations are carried out.

What Would Our Solicitors Want to Know?

Before advising fully, a contentious probate solicitor would usually want to consider questions such as:

• Was there an earlier Will and, if so, how did it differ from the final Will?
• What reason was given for changing the Will so close to death?
• Did the deceased have any diagnosed medical conditions affecting memory, understanding or decision-making?
• What medications were being taken at the time the Will was signed?
• Who arranged the appointment with the solicitor and who was present during meetings?
• Did the solicitor assess capacity or obtain any medical evidence regarding capacity?
• Was the deceased dependent on, or vulnerable to, the person who benefited from the changes?
• Are there witnesses who can comment on the deceased's condition and wishes at the relevant time?
• Are there medical records, care records, messages, letters or other documents which may assist?
• Has probate already been granted, or is there still an opportunity to enter a caveat?

The answers to these questions can significantly affect whether there are grounds for further investigation.

Why Early Advice Matters

Seeking specialist advice at an early stage can help preserve important evidence, protect the estate's position and avoid unnecessary delays.

A contentious probate solicitor can help gather and assess the available evidence, including the Will file, previous Wills, medical records, care records, correspondence and witness evidence. If concerns about the Will's validity arise before probate has been granted, it may also be possible to enter a caveat to prevent the estate being administered while investigations are ongoing.

How Our Contentious Probate Solicitors Can Help

Our contentious probate team advises on disputes involving Wills, estates, executors, attorneys, financial abuse and inheritance claims.

We can assist with:

• challenging or defending a Will;
• investigating suspicious lifetime gifts or bank withdrawals;
• disputes involving joint bank accounts;
• concerns about misuse of a Power of Attorney;
• claims by adult children, spouses and dependants;
• disputes involving second families;
• predatory marriage concerns;
• removing or replacing executors or administrators;
• urgent probate caveats;
• negotiated settlements and mediation; and
• court proceedings where necessary.

If there are concerns about an estate, early advice can help preserve assets, identify the relevant evidence and avoid steps that may weaken a potential claim.

Our contentious probate solicitors can review the circumstances, explain the practical options available, and help you understand whether further investigation may be appropriate.

Speak to Our Team

If you have concerns about a Will that was made shortly before death, or questions about the way an estate is being administered, our experienced Contentious Probate team can help.

Contact Bell Lamb & Joynson today to discuss your circumstances with one of our specialist contentious probate solicitors.