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Will myths that cause family disputes

By Kelsey Jones

Published In: Contentious Probate

Many people have a picture in their minds of what a "proper" will should look like. They imagine something handwritten, stamped, stored in a solicitor's vault and impossible to challenge. The reality is usually much less dramatic.

Image of a pen signing a will

In fact, one of the reasons will disputes arise is because modern wills often look surprisingly ordinary. A will printed on standard paper and signed at home can be just as valid as one prepared in a solicitor's office. When family members do not realise this, suspicion can quickly develop.

"The will looks too simple"

One of the most common comments made by disappointed beneficiaries is that the will does not look official enough.

Most modern wills are drafted digitally, printed and signed in the presence of witnesses. The law is concerned with whether the will was properly executed and whether the person making it understood what they were doing, not how impressive the document looks.

Unfortunately, a simple-looking will can sometimes lead family members to assume something has gone wrong when, in reality, everything may have been done correctly.

"There isn't a solicitor's stamp on it"

Many people expect a genuine will to carry some form of official certification.

There is no legal requirement for a solicitor's stamp, seal or certificate. Yet this misconception frequently causes beneficiaries to question whether a will is authentic.

"The original will cannot be found"

Missing original wills are a common trigger for contentious probate disputes.

Questions immediately arise:

  • Was the will revoked?
  • Is there a newer version?
  • Who last had possession of it?
  • Has it been lost or deliberately removed?

What starts as a search for documents can quickly develop into a complex dispute.

The digital trail

Modern will-making often leaves behind a significant amount of evidence.

Emails, drafts, amendment histories and scanned copies can all become important in contentious probate claims. These documents can help establish what instructions were given, when changes were made and whether concerns about capacity or undue influence are justified.

Why does this matter?

Many will disputes do not begin with strong evidence of wrongdoing.

They begin with uncertainty.

A will looks different from what somebody expected, an original document cannot be located, or family members have unanswered questions about how it was prepared.

Once suspicions take hold, disputes can escalate quickly.

Takeaway

Modern wills often look ordinary, but contentious probate disputes rarely are. Understanding how wills are commonly prepared and stored can help families distinguish genuine concerns from common misconceptions and avoid unnecessary conflict.

Find out how Switalskis can help you

If you're considering contesting probate and want to know the best way to go about it, our contentious probate team is here to offer advice that's tailored to you.

Give our specialist contentious probate team a call on 0800 138 0458 or send us a message through our website to get things moving.

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5 years’ experience working in the legal profession focusing on complex litigation and dealing with vulnerable clients.

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