Protecting the Validity of a Will
When a loved one passes away, their final wishes deserve to be respected. Unfortunately, it is not uncommon for others to raise challenges, creating disputes during an already difficult time. If you are an executor, beneficiary, or personal representative, defending a contested will requires clear legal strategy and sensitive support.
Our experienced international probate solicitors help clients across England and Wales defend wills against a range of claims, including:
- Allegations of lack of testamentary capacity or unsound mind.
- Claims of undue influence or coercion.
- Concerns around execution errors or suspicious circumstances.
- Disputes over whether the deceased had full knowledge and approval of the will.
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975, where individuals argue they were not left reasonable financial provision.
Defending a will contest demands not only legal expertise but also empathy and practical support. Our approach is calm, evidence-driven, and focused on safeguarding the wishes of the deceased.
How We Defend a Contested Will
We begin by gathering medical records, legal documents, and witness statements to build a robust case. Where possible, we aim to resolve disputes early through negotiation or mediation to avoid lengthy and costly court proceedings. However, if litigation in the High Court is unavoidable, our solicitors will provide determined representation to defend the will and protect the estate.
We guide executors and beneficiaries through each stage, from assessing the strength of a claim to managing estate administration while the dispute is ongoing. Whether the issue is around inheritance provision, a claim under the Inheritance Act, or challenging the capacity at the time the will was signed, we ensure your position is protected.
Our legal team understands that these disputes often involve strained family members and heightened emotions. We balance firm legal defence with sensitivity, always keeping the testator’s intentions at the centre of the process.
Frequently Asked Questions.
-
1. What are the grounds someone can use to contest a will?A will may be challenged on grounds including undue influence, fraud, clerical errors, lack of testamentary capacity, or failure to meet legal formalities. Additionally, claims under the Inheritance Act 1975 can be made if a financial dependent or close family member feels they have not received reasonable provision.
-
2. What are the time limits for challenging or defending a will?Most claims under the Inheritance Act must be brought within six months of the grant of probate being issued. Other types of challenges, such as fraud or forgery, may not have strict time limits, but early action is vital to protect the estate.
-
3. Can mediation help in a contested will dispute?Yes. Mediation often provides a quicker and more cost-effective solution than litigation. It allows parties to discuss concerns in a structured environment, with legal representatives supporting negotiations. Many disputes settle before reaching the court.
-
4. What are the potential costs of defending a contested will?Costs depend on the complexity of the dispute, whether court proceedings are required, and how long the process takes. In some cases, legal costs may be paid from the estate, but this depends on the court’s decision and the merits of the case. Early settlement can help reduce overall costs.
-
5. Do executors still need to administer the estate during a dispute?Yes, but with caution. Executors must continue essential estate management, such as securing assets and ensuring tax obligations are met, while avoiding final distribution until the dispute is resolved. Legal advice helps protect executors from personal liability.
THE BEST IN THE BUSINESS.
Our dedicated will dispute lawyers and probate specialists combine technical expertise with sensitivity. Whether you’re an executor, trustee, or beneficiary, we provide clear guidance, robust defence strategies, and support at every stage of the legal process.
Russell Kaminski
Partner and Head of Private Client
Lucy Cresswell
Associate
Alison Rocca
Partner
Jason Stanley
Partner
Holly Greensmith
Solicitor
Mark Dawson
Chief Executive Officer
Amanda McAlister
Head of Group Consumer Brands
Because we are here to help you.
If you are facing a challenge and need to know how to defend against someone contesting a will, our experts are ready to help.
We will protect the validity of your loved one’s wishes and give you peace of mind through trusted legal representation.
“Russell is a top-quality and professional lawyer, and it is a pleasure to work with him.”
PROBATE CLIENT
