What to do if…
you find more than one will and family members disagree about which is valid
Short answer
Pause anything irreversible and secure every original document. Then use the correct “stop/hold” process for the part of the UK where the person lived (it differs across England & Wales, Northern Ireland, and Scotland).
Do not do these things
- Do not destroy, mark up, staple, unbind, or separate pages from any will/codicil (even if you think it’s “the wrong one”).
- Do not start sharing out money, selling property, or “splitting items fairly” while validity is disputed.
- Do not rely on photos/scans alone if originals exist (keep scans, but protect originals).
- Do not pressure witnesses, carers, or the will-drafter for “quick statements” while emotions are high.
- Do not let one person keep sole possession of all originals without a documented handover and a safe storage plan.
What to do now
-
Secure all originals immediately (and note what you did).
Put each will/codicil in a separate folder/envelope. Write down where it was found, who found it, and the date/time. Take scans/photos for reference, but keep the originals flat, dry, and safe. -
Freeze estate administration until the validity question is resolved.
If you’re named as executor in any version, say clearly: “No distributions or sales until the will issue is settled.” If a home is involved, secure it and make a basic inventory of valuables to prevent loss. -
Work out which UK system applies by identifying where the person was domiciled/lived.
This matters because the “hold” tools and court processes differ in:- England & Wales (probate and the Probate Registry)
- Northern Ireland (NI probate process)
- Scotland (often “confirmation” rather than “probate”, and different court procedure)
If you’re unsure, focus on securing documents/assets first and get local probate advice for the nation involved.
-
England & Wales: consider entering a caveat to stop a grant being issued while there’s a dispute.
A caveat is commonly used to prevent a grant being issued while you investigate which will should be proved. Do this early if someone may apply for a grant based on a will you dispute. -
Northern Ireland: use the NI caveat process if you need to stop a grant being issued.
Northern Ireland has its own probate/caveat route and forms. If you suspect an application is imminent, act promptly to avoid a grant being issued under the wrong document. -
Scotland: treat this as urgent local probate (“confirmation”) advice and focus on preserving the estate.
Don’t try to force an England & Wales process onto a Scottish estate. Secure the originals and assets, then get Scotland-specific advice on how to stop matters progressing while the dispute is addressed. -
Contact the will-drafter/firm (if named) and ask only for document-location facts.
Ask whether they hold an original, whether there were later versions, and whether there’s a signing record. Keep it factual and neutral. -
If a grant/confirmation has already been issued, get dispute-aware legal help before taking any further steps.
Do not “work around” an existing grant informally. The safest move is to stop distributions and get advice on the correct route to address a later-found will or validity dispute.
What can wait
- You do not need to decide today who “deserves” what, or what the person “really wanted”.
- You do not need to negotiate a family settlement immediately or answer every message/call.
- You do not need to prove fraud/undue influence right now—prioritise securing originals and preventing premature administration.
- You do not need to sort every possession today; basic security and a simple inventory is enough for now.
Important reassurance
Multiple wills and family disagreement can make grief feel instantly adversarial. Slowing down, protecting the originals, and preventing premature probate/confirmation is a practical way to reduce harm and keep options open.
Scope note
These are first steps only. Validity disputes can become formal court matters and may require specialist probate advice for the relevant UK nation.
Important note
This is general information, not legal advice. Probate/confirmation and will-dispute processes vary across the UK and depend on the facts. If conflict is escalating or an application is imminent, get local probate advice before anyone distributes assets or sells property.
Additional Resources
- https://www.gov.uk/stop-probate-application
- https://www.gov.uk/stop-probate-application/apply-for-a-caveat
- https://www.gov.uk/government/publications/apply-to-stop-a-grant-of-probate-by-post
- https://www.nidirect.gov.uk/services/stopping-probate-application-caveat
- https://www.nidirect.gov.uk/publications/apply-stop-grant-probate-caveat-form
- https://shepwedd.com/knowledge/challenging-and-contesting-will/