Pay OnlineClient portal
0333 358 3581
    • For Individuals
      • Litigation and Dispute Resolution
      • Family Solicitors
      • Fixed Fee Divorce
      • Residential Possession
      • Residential Property
      • Wills and Trusts Solicitors
      • Will Disputes Solicitors
      • Appointing WF Trust Corporation as a Fiduciary
    • For Business
      • Business Dispute Resolution
      • Business Sales & Purchases
      • Commercial Contracts
      • Commercial Property
      • Employment Law
  • |

    • Meet The Team
    • Pricing
    • Case Studies
    • Complaints Procedure
  • |

  • Join Our Team
  • |

    • Awards, Accreditations and Certifications
  • |

  • Resources
  • |

  • Find Us
Contact Us

News & Blogs

Challenging a will – probate claims

Jul 31, 2013

In simple terms challenging the validity of a will or a claim relating to a grant of probate is a ‘probate claim’. Special procedural rules apply.

Disputes over the soundness of a testator’s mind are becoming more common. They often involve issues of dementia but can involve traumatic injury, depression, alcohol, drug abuse and delirium (confused state). A testator should be able to understand the nature of making a will and its effects, the extent of his property and he should comprehend and appreciate the claims to which he should give effect. This comprehension and appreciation should not be distorted by any ‘disorder of the mind’ (a term used in a famous case 140 years ago). He doesn’t need to know every detailed item that he owns (no ‘mental inventory’ needed). He must be able to recall those who ‘have claims on his bounty’ so that he can decide what to leave to whom even if he chooses not to leave anything to them.

A case involving the soundness of mind might involve consideration of medical notes, nursing home notes, witness evidence, contemporary documents, and a statement from the solicitor taking instructions and from the witnesses to the execution of the will. A report of a medically qualified expert will also be required although of itself it is unlikely to be conclusive. The court will look at all the evidence to arrive at a conclusion. The existence of a condition such as dementia does not inevitably result in a finding that the testator was not of sound mind in this context.

The testator might deteriorate between giving instructions and executing the will (particularly where the acts are some time apart). He does not need to have capacity to understand the instructions when executing but only that the document he is executing was prepared on his instructions. The test is therefore different to that applying at the time instructions were taken.

Most cases settle without the need for a trial. It is often the case that the legal costs can consume a sum equal to or greater than the value of the estate involved. Those bringing and defending claims should keep proportionality in mind. They should also keep in mind that the question of who should pay the legal costs is at the discretion of the trial Judge. It is a misconceived assumption that the estate will always bear the cost of the litigation, win or lose.

Questions of undue influence and fraud are more often alleged by potential claimants than proven. The evidence required to maintain such an allegation is not easily addressed and such claims involve particular risks.

Where the will is valid formally and substantively a claim might still be brought by certain classes of people for reasonable provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975. This is not a probate claim and is a subject for another short note.

These matters are complex and you should instruct an experienced solicitor familiar with such cases such as Keith Hardington here at Walker Foster. If you would like to discuss this subject please make contact on 01756 700200 or kh@walkerfoster.com

Back to news
Share this article

Related posts

Why choose Walker Foster?

Standing out while fitting in

We strive for excellence

We care about our clients

We make a difference together

Contact us

Friendly, knowledgeable and professional team

Our office locations

Get in touch

Ilkley Office

27 Riddings Road, Ilkley, LS29 9LX

Settle Office

1 High Street, Settle, BD24 9EX

Silsden Office

63 Kirkgate, Silsden, Keighley, BD20 0PB

Skipton Office

3 High Street, Skipton, BD23 1AA

Walker Foster Solicitors - Harrogate

First Floor, 7 Victoria Avenue, Harrogate, HG1 1EQ

Walker Foster Solicitors - Northallerton

Century House, Northallerton, DL6 2XQ

We’re more than just a law firm.

Walker Foster in the community

The impact we have on the communities we serve can be profound. With this in mind, Walker Foster have set up a Corporate Social Responsibility team to monitor and deliver initiatives across all our offices and provide support for a variety of projects within the local areas we serve.

Read More
-

For all legal needs, please speak to our friendly, professional team

Fill out our form
0333 358 3581contact@walkerfoster.com

Walker Foster Solicitors, 3 High St, Skipton BD23 1AA

Mon - Fri 0900 - 1700

  • Browse our site
    • Case studies
    • News
  • Information
    • Terms & Legal
    • Privacy policy
    • Pricing
  • About Walker Foster
    • About us
    • Our History
    • Meet the team
    • Corporate Social Responsibility
    • Join our team
© Walker Foster 2026, all rights reserved

Walker Foster Solicitors is the trading name of Walker Foster Limited. Walker Foster is authorised & regulated by the SRA (627728)

Site design and development by I-COM
adad
  • Home
  • |News & Blogs
  • |Challenging a will – probate claims
Jul 17, 2026
Wills and Trusts

Who Can Witness a Power of Attorney Signature?

The requirement to be physically present is absolute. A signature cannot be witnessed online via a video call like Zoom or FaceTime, or even through a window.

Read more
Jul 17, 2026
Wills and Trusts

Who Has Power of Attorney After Death if There is No Will?

A power of attorney does not continue after death. When the donor dies, the authority granted to the attorney ends immediately. There is no grace period, and the attorney stops acting from the point of the donor’s death.

Read more
Power of attorney POA legal document and pen
Jul 13, 2026
Wills and Trusts

How Much Does it Cost to Revoke a Power of Attorney?

If you are thinking about ending a power of attorney, one of the first questions is often about cost. The answer will depend on factors such as your circumstances and whether you need support with the process.

Read more
Jul 13, 2026
Wills and Trusts

How to Prove Executor Misconduct in the UK

There is no single statutory definition for executor misconduct in England and Wales. Instead, it is understood as a breach of the fiduciary duty owed to the estate.

Read more
Google logo
4.6
★
★
★
★
★
★
★
★
★
★
164 reviews