It often begins quietly. A phone call from an uncle, an email from a cousin, a lawyer’s letter appearing in the morning post. Someone in the family is contesting the will. What was supposed to be a clear and final expression of a loved one’s wishes is now a legal battleground. Emotions are high, lines are drawn, and suddenly, inheritance isn’t just about money—it’s about old wounds, long-held grievances, and the tangled, messy history of family.
When a will is challenged, the dispute isn’t always about greed. Sometimes, it’s about fairness, or at least the perception of it. Siblings who feel they were overlooked, stepchildren who thought they were as good as blood, distant relatives who were promised something years ago and are now left with nothing. The law allows for wills to be contested under certain conditions, but resolving these disputes is rarely simple. One of the best family lawyers, Rupert Partners exist precisely for this reason—to untangle the complexities, mediate between feuding relatives, and, where necessary, fight to ensure that the deceased’s wishes are honored. The legal process can be slow and emotionally draining, but with the right guidance, it doesn’t have to tear families apart.
Not just anyone can challenge a will. The law typically limits disputes to direct relatives, dependents, or those who were promised something in writing. Even then, there has to be a legitimate reason. A vague sense of injustice isn’t enough.
One of the most common grounds for contesting a will is lack of mental capacity—the argument that the person writing the will (the testator) wasn’t of sound mind when they made their decisions. Dementia, Alzheimer’s, or the influence of medication can all be cited. If someone believes their loved one was manipulated, they may argue undue influence, claiming a beneficiary pressured or coerced the testator into making changes. Then there’s fraud, where signatures are forged, or documents are switched. Finally, a will can be contested on technical grounds—maybe it wasn’t properly witnessed, or an older version of the will was mistakenly thought to be the final one.
These challenges, when raised, demand evidence. Witnesses, medical records, expert testimonies. It’s not enough to say, “I don’t think they were in their right mind.” The courts need proof, and gathering it takes time, money, and patience.
The moment you learn a will is being contested, the most important thing is not to panic. A challenge does not automatically mean the will is invalid. Nor does it mean a long court battle is inevitable.
Mediation is often the best first step. A neutral party—sometimes a solicitor, sometimes a professional mediator—sits down with both sides to try and find common ground. It’s faster, cheaper, and infinitely less stressful than going through the courts. If the dispute is over a particular item, a family heirloom perhaps, sometimes an agreement can be reached outside of legal proceedings. In some cases, additional financial support can be negotiated for those who feel they were unfairly left out.
It’s when mediation fails that things turn serious. If no compromise is reached, the matter moves into formal legal territory. This is where costs can escalate quickly, and where having a strong case becomes essential.
The best way to deal with a will dispute is to prevent it from happening in the first place. That responsibility lies with the person writing the will, though few anticipate that their decisions will lead to conflict.
Having a will drafted professionally is key. DIY wills, hastily written and stored away, are the easiest to challenge. A solicitor ensures that all legal requirements are met, that wording is clear and unambiguous, and that the document is properly witnessed. If there’s any possibility of a challenge due to mental capacity, obtaining a doctor’s assessment at the time of writing can act as strong evidence later.
For those making difficult choices—excluding a child, favoring one relative over another—leaving a written explanation, either in the will itself or as a separate letter, can help clarify intentions. It won’t necessarily prevent a challenge, but it can provide valuable context if one arises.
If a court rules that a will is invalid, what happens next depends on the circumstances. In some cases, an earlier version of the will is reinstated. If no valid previous will exists, the estate is distributed according to intestacy laws—the legal default that applies when someone dies without a will. This can sometimes result in outcomes no one anticipated or wanted.
If only part of the will is found to be invalid—perhaps one clause was added under suspicious circumstances—the court may remove that section while allowing the rest of the will to stand. The process can be unpredictable, and the final decision rests on the strength of the evidence presented.
It’s never just about the money. Family disputes over inheritance often go deeper—old rivalries, perceived slights, the feeling of being loved less than another sibling. Legal battles have a way of turning private resentments into public ones, making reconciliation almost impossible.
That’s why, wherever possible, keeping the lines of communication open is critical. A carefully worded conversation, an attempt at understanding rather than accusation, can sometimes prevent legal action before it begins. It doesn’t always work. But in cases where relationships matter more than assets, it’s worth trying.
Challenging a will is not a simple process. It requires legal standing, strong evidence, and, often, an enormous emotional toll. While mediation offers a less destructive path, some disputes are destined for court. If you find yourself in this situation, knowing your rights—and having the right legal team behind you—can make all the difference.
At its heart, a will is a person’s last message to the world. When contested, it’s not just an argument over money; it’s an argument over meaning, over fairness, over what was intended. Handling it well requires patience, wisdom, and, sometimes, the willingness to step back before things go too far.
The United Arab Emirates is the world's strategically located business hub, with business-friendly free zones, developed IT sector and the second-largest economy in the Arab world. Numerous ventures from various industries emerge here every year, enjoying good economical climate, developed ecosystem, low taxes, and many other advantages of UAE. During its continuous growth, UAE's economy helped many local companies to grow with it, becoming globally-recognized brands. On Comingsoon.ae, we created a list of these brands, with our short reviews about their success stories.
