Can a Will be challenged due to dementia or Alzheimer’s? Understanding the legal position

A guide to testamentary capacity, common grounds for challenge and the factors that can influence the validity of a Will.
Talk to us: 0333 004 4488 | hello@brabners.com | Contact us
If you need to challenge or defend a challenge against a Will, our experienced solicitors can help.
In such circumstances, a fact-finding investigation can be undertaken to determine whether there is any evidence to suggest that the Will is invalid or susceptible to challenge.
The estate may then be distributed in accordance with an earlier Will or under the intestacy rules (which govern who is entitled to inherit an estate in the absence of a Will).
Interim steps can also be taken to preserve and protect the estate’s assets, such as entering a caveat.
On the other hand, executors and beneficiaries are often faced with challenges to a Will and need expert support and advice as to the merits of any claim and the strategic methods that should be employed to deal with them.
Our solicitors are experts in all matters relating to the contesting of Wills, as well as disputes involving inheritance, estates and trusts. Our team was proud to win Dispute Resolution Firm of the Year at The Legal 500 Northern Powerhouse Awards 2026.
Read our FAQs below to find out more about Challenging a Will, including who can challenge a Will, how long you have to contest a Will and what evidence you need to make a challenge.
Contact our experts now by completing our contact form. A member of our team will get in touch with you to discuss your enquiry.
You can also call us on 0333 004 4488 or send us an email at inheritance@brabners.com.
“Brabners is an outstanding firm. The way in which you manage our family’s affairs gives us genuine confidence and peace of mind — we quite literally sleep easier at night knowing that matters are in your hands.”
Client feedback
“My sincere thanks to Brabners who came to my rescue with really sound and grounded guidance… I can now at last sleep well and now have the opportunity to embark on a new chapter in my life.”
Client feedback
“Thank you so much, Nicola [Turner]. Please know that you have made a huge difference to my son’s life and my own — and we are hugely grateful for all that you have done. This is truly the first time in over four years where I don’t feel like I am carrying a ton of lead weight with me everywhere. We can finally begin to live again.”
Will & inheritance disputes client
“Danielle Pawson is a thoughtful and capable practitioner, known for her attention to detail and empathetic approach in managing complex and sensitive matters. Clients immediately warm to her affable nature.”
Client feedback, Legal 500, 2027
“Nicola Turner's focus is always on achieving the best results for her clients… She is adept at combining empathy with professionalism. She gets the balance right, offering a service which combines the personal touch with the pragmatism required to get her client to where he or she needs to be. If I was ever to find myself embroiled in probate litigation, Nicola would be one of the people to whom I would turn.”
Mediator
“Where Nicola Turner scores particularly strongly is that her assessment of the merits and weaknesses of her cases is highly accurate. This allows her to deal with her cases in a very focused and efficient way which leads to good outcomes and a high degree of satisfaction from clients. Her direct and proactive manner leaves opponents in no doubt that she knows what she's doing, which is crucial in these types of disputes.”
Barrister

We have decades of experience and specialist expertise in all matters relating to contested Wills. This enables us to offer practical advice and develop an innovative strategy to help you achieve resolution as early as possible — whether you’re bringing or defending a claim.
Our expertise in challenging Wills is led by “talented litigator” Nicola Turner — a full member of the Association of Contentious Trust and Probate Solicitors held in high regard by fellow professionals and The Legal 500. Nicola has been a litigator for over 20 years and is trusted by many executors and beneficiaries — whether based in England and Wales or internationally — to achieve the best outcomes in legal proceedings. The team also includes widely-recognised 'Associate to Watch' Danielle Pawson, Solicitor Georgina Vokes (a specialist in resolving Will disputes, administering estates and disputes between beneficiaries and executors, as well as Will validity challenges), plus Paralegal Lucy Baines.
Will interpretation
Representing the Executor of an estate in which the deceased gifted a property in her Will to one of her sons and gifts of the equivalent value in cash to her other two sons. After the Will was executed, the deceased placed her interest in part of the property into a limited company, such that the gifts in her Will have partially adeemed. A claim by the disappointed beneficiary was successfully defeated without the need for contested Court proceedings.
Negligently drafted mutual Will
Representing a widow in relation to the estate of her late husband that involved a negligently drafted mutual Will which fails to provide the widow with a life interest in property, as intended by the deceased. We’re negotiating a deed of variation with the deceased’s adult children to resolve the dispute without the need for proceedings. We’re also advising on an associated professional negligence claim.
Will validity
Representing a charity that is the beneficiary of an estate. The professional executor has questioned the validity of the last Will on the basis of lack of mental capacity. The case is complicated because of the issue of conflict, confidentiality and potential breach of professional obligations on the part of the executor, whose conduct is contrary to the best interests of the beneficiaries.
Will validity
Representing two of three defendants in complex High Court proceedings that seek to set aside particular clauses of a Will based on alleged undue influence. The first Defendant has also alleged that the Will needs to be construed by the Court.
Will validity
Representing the daughter in an intimated claim against her late mother’s estate to challenge the Will based on a lack of testamentary capacity and undue influence.


A guide to testamentary capacity, common grounds for challenge and the factors that can influence the validity of a Will.

We explain the current proposals around digital Wills and highlight other Will reforms that could be on the horizon.

We explore the role of a Letter of Claim during Will and inheritance disputes and outline what it means for those involved.

We take a closer look at the social, demographic and economic trends that are making contentious probate expertise essential in 2026.

We explore how the courts approach trusts on divorce and outline the key considerations for dealing with them after separation.

Such clauses state that if a beneficiary contests the Will and doesn’t succeed, they’ll forfeit their inheritance.

Here, Sarah Murphy — a Partner in our estate planning team — explains more about the purpose of a Statutory Will and the application process.

The homemade Will was found to be valid, resulting in a charity inheriting £180,000 in place of the testator’s family members.

From building a family to creating Wills and trusts, buying or selling property, land or a business, planning for your succession or dealing with a crisis, it helps to have ready access to a multidisciplinary legal team that can support you with whatever life throws your way.

When it comes to estate planning, ‘mirror Wills’ are fairly common between spouses. But, what is the difference between mirror Wills and mutual Wills?

Our Will and inheritance dispute team explore a recent case where they served with (and defended) a short notice application by a claimant to adjourn an upcoming three-day trial on medical grounds.

What can executors do if a Will involves complex and ambiguous gifts? Beth Middleton explores the case of Dryden v Young & Others.

Here, Abbie Johnys explores the suggested reforms to inheritance tax and how you can plan ahead.

Find answers to our most frequently asked questions about will and inheritance disputes from our expert private client solicitors.

The Court of Appeal has overturned a High Court decision made in August 2023 in the case of Rea v Rea.

Here, we outline five key life events after which you should consider reviewing your will.

We've appointed an experienced new partner to lead our growing contentious trusts and probate team.

We examine the case of Kerry Tolley v No Defendant (Re Caroline Fisher) and its impact on the administration of estates.

Penalties for executors who do not carry out their duties effectively can be significant and serious.

In the event of a dispute, witnesses can be called on to give evidence on the circumstances of the will being executed.

How can individuals protect inherited assets in the event of a relationship breakdown?
Loading form...