Defending A Will | Irwin Mitchell

Defending A Will

We understand that the death of a loved one is an extremely upsetting and emotional time. A challenge to the Will or estate can be time consuming and expensive, whether you’re due to inherit something from the estate as a beneficiary or you’re responsible for looking after your loved one’s wishes as an executor or administrator.

We support both executors and beneficiaries through the process of defending a Will. We have a specialist team of solicitors who have helped thousands of people deal with disputes arising because of a Will, or a lack of one (intestacy), and can resolve the stressful situation you find yourself in.

Defending A Contested Will

Our solicitors have many years of experience in resolving every kind of claim against a Will or estate, including:

  • Inheritance Act claims – where a beneficiary or a third party claims that the Will hasn’t made reasonable financial provision for them.
  • Applications to remove an executor and/or claims that an executor has mismanaged the estate.
  • Claims for rectification of a Will – when those who have prepared the Will have not understood their instructions or have made a clerical error.
  • Proprietary estoppel – where an individual claims that the deceased promised them part of their estate which was not given to them in the Will.
  • Lost Wills – where an original Will has been lost or destroyed it may still be possible to admit it to probate.

We also help people with validity claims. These are when someone says the Will is invalid because the deceased:

  • Didn’t have mental capacity
  • Didn’t understand the terms of the Will
  • Was coerced or forced into writing the Will

The first sign of a potential challenge may be learning that someone has lodged a caveat. This is a written notice that prevents the issue of a grant and stops the administration of the estate.  

Caveats are sometimes used incorrectly but it could be the start of a challenge to the Will. We can advise upon the removal of a caveat so that the administration can continue. 

How Our Solicitors Can Help

If you’ve received a caveat, then we can support you by taking steps to remove it so that a grant of probate can be issued.

To help you defend a Will, we’ll:

  • Talk through your options
  • Suggest the best course of action for you and your family
  • Clarify any costs that may be involved before you progress
  • Work with you every step of the way to achieve the best outcome possible

Expertise In Defending A Will

With specialists based across the country and one of the UK’s largest departments dealing with Will disputes, we have a large and specialist team ready to help you. 

You’ll have access to our 24 hour legal helpline and we’re ranked in the top tier in the Legal 500, an independent legal guide.

Many of our experts are members of professional bodies such as:

  • The Association of Contentious Trust and Probate Specialists (ACTAPS)
  • The Society of Trust and Estate Practitioners (STEP) 
  • Solicitors for the Elderly (SFE)

We also have qualified mediators in our team.

Clear Costs – No Hidden Fees

We appreciate that the thought of legal fees can be daunting. To assist we will consider a variety of funding options, including:

  • Legal expenses insurance (‘LEI’). Many household or trade union insurance policies have LEI which may cover you for the costs of defending a Will. It’s worth checking yours to see if you’re covered.
  • Payment on conclusion. In some circumstances, we may agree that you won’t have to pay our fees until the case has finished. 

We’ll assess funding on a case by case basis.

Contact Our Will Dispute Solicitors

For a free initial consultation, call one of our legal experts on 0345 604 4895 or contact us online and we’ll get back to you.