Defending A Contested Will

If you’re an executor or beneficiary facing a challenge to a Will, we can help. Our solicitors have extensive experience defending contested Wills and have the expertise to resolve your dispute as quickly and fairly as possible.

We can help you if someone is trying to:

Contest the validity of a Will
Make a claim under the Inheritance Act 1975 (if they haven’t been provided for but believe they should have been)
Challenge how the estate has been divided up if the deceased didn’t leave a Will
Remove you as the executor of the estate
Make a claim for Proprietary Estoppel (if they’ve been promised something they didn’t receive and this has severely disadvantaged them).

Challenges to a Will can be disruptive and upsetting. They delay the process of administering the estate and, if you’re a beneficiary, can reduce what you’re entitled to. As well as being emotionally distressing, this can have serious financial consequences.

We’ll help you protect your position and resolve the dispute quickly and effectively. We have the largest specialist team in the country, with the knowledge and expertise to support you, whether you’re a beneficiary or executor.

Call today on 0370 1500 100 to find out more – or fill out our online form and we’ll call you back.

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Defending A Contested Will - More Information

My legal team has held my hand throughout, they have been incredibly patient and understanding"

Joy Williams, client

Frequently Asked Question

What Are The Counterarguments To A Challenge To A Will?

How you respond to a challenge to a Will very much depends on what kind of claim it is. In all cases, however, the aim would be to show that the Will is in fact valid, correct, and fair.

This could involve making a case to show that:

The testator had mental capacity and was acting of their own free will
The Will was drawn up with the correct legal protocol
The person making the claim had no reason to expect anything from the deceased, or
They’ve already been given enough.

We’ll be able to advise you on the best way to defend a challenge, depending on the nature of the dispute you’re facing.

Call us today on 0345 604 4895, or fill out our online form and we’ll call you back.

Can The Estate Be Administered While A Will Is Being Contested?

If someone is contesting a Will, they may lodge what’s called a caveat. This means you can’t get a Grant of Probate to administer the estate until the dispute is settled and the Will has been confirmed as valid and fair.

If a caveat isn't lodged, the estate can be divided up. However, it’s usually agreed between the parties that any administration of the estate will be limited until the dispute is resolved. This can be frustrating, especially when crucial assets and property are tied up in the estate, but it avoids complication further down the line.

Sometimes it’s possible to remove a caveat so that the estate can be administered – we’ll be able to advise whether this is possible and what the best course of action is.

Call today on 0345 604 4895 to speak to one of the team – or fill out our online form and we’ll call you back.

What Is The Inheritance Act?

The Inheritance Act 1975 allows someone to make a claim for financial provision if they’ve been left out of a Will or haven’t received enough. This is often the case for:

Partners who lived together but weren’t married or in a civil partnership
Estranged children and former spouses
People who were financially dependent on the deceased before they died.

The Inheritance Act is there to help people who don’t automatically inherit under the law but might reasonably expect to be provided for. Not everyone may agree on who this applies to, however.

If you’re facing an Inheritance Act claim that contradicts what your loved one would have wanted, we can help.

Call today on 0345 604 4895 to speak to one of the team – or fill out our online form and we’ll call you back.

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