Defending A Contested Will

Every case is different, and the exact nature of the dispute will depend on the circumstances of the Will and the person making the claim.

Someone might contest a Will on the grounds that:

• They were left out of it or not left enough
• They were promised something that they haven’t been given
• It’s invalid or incorrect
• The person didn’t have the mental capacity to make a Will
• The person making the Will was forced to write it.

Whatever type of dispute you’re facing, our solicitors can talk you through your options and the best way to defend your position.

When a person dies without leaving a valid Will they are said to be ‘intestate’. The rules of intestacy are the laws governing who has the right to inherit when there is no Will and who can administer the estate.

Under these rules, all the deceased’s property will pass to their spouse, as well as the first £250,000 of the estate (if the estate is valued over £250,000). The remainder of the estate is then split between their spouse and children.

Other family members, such as siblings and grandchildren, will only inherit when there is no surviving spouse or child.

Someone can still contest an estate when there is no Will. If a person has not been provided for under the rules of intestacy, they might think they are still entitled to something and may be able to make a legal challenge.

If a loved one has died without a Will and you are facing a dispute over their estate, we can help.

Most disputes can be resolved by negotiation and discussion, without having to go to court. However, sometimes this isn’t possible, and court is the only way.

We understand that most people would prefer to keep their dispute out of court, and we will always do everything we can to try and reach an agreement by mediation. However, if your dispute does have to go to court, we will support you at every stage. We have the experience to handle court disputes efficiently and effectively, to achieve the best outcome for you.

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

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 is 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.