Contentious Probate: Defending a Will or Estate Dispute
Wills, Trusts & Inheritance Disputes
When a loved one passes away, their final wishes should be respected and carried out according to their Will. However, disputes over a deceased person’s estate are becoming increasingly common, often leading to stressful and prolonged legal battles. If you are the executor of a Will or a beneficiary facing a challenge to an estate, it is crucial to seek expert legal advice to defend against contentious probate claims.
What is Contentious Probate?
Contentious probate refers to legal disputes concerning a deceased person’s estate. These disputes may arise when a Will is challenged or when individuals seek to claim inheritance they believe they are entitled to. If you are an executor or a beneficiary defending a Will, it is important to understand your legal rights and how to protect the estate from unfounded claims.
Common Reasons Wills Are Challenged
A Will can be contested on several legal grounds. As someone defending a Will, you may need to counter claims based on:
Lack of Testamentary Capacity – The claimant may argue that the deceased lacked the mental capacity to make a valid Will.
Undue Influence – Allegations that the deceased was coerced into making or changing their Will.
Lack of Proper Execution – Claims that the Will was not signed or witnessed correctly.
Fraud or Forgery – Accusations that the Will was altered, forged, or made under false pretences.
Inheritance (Provision for Family and Dependants) Act 1975 – Individuals claiming financial dependence on the deceased may argue they were not adequately provided for.
If you are facing a challenge to a Will on any of these grounds, it is essential to act quickly to protect the estate and the testator’s final wishes.
Who Can Challenge a Will?
Under UK law, only certain individuals are eligible to challenge a Will, including:
Family members (such as a mother, father, spouse, husband, wife, sibling)
Individuals financially dependent on the deceased
People who were promised an inheritance but were not included in the final Will
If you are an executor or beneficiary, you may need to defend against claims made by individuals who feel they were unfairly cut out of a Will or who believe they were entitled to a greater share of the estate.
How to Defend a Will or Estate
If a Will is being contested, it is important to take the right steps to defend it:
Gather Evidence – Ensure you have access to the original Will and any supporting documents that confirm the testator’s wishes.
Confirm Testamentary Capacity – Medical records or witness statements can help prove the deceased was of sound mind when they made their Will.
Prove Proper Execution – Ensure that the Will was signed and witnessed correctly in accordance with legal requirements.
Challenge Unsubstantiated Claims – If a claimant lacks legal standing or evidence, their challenge may not succeed.
Seek Legal Representation – A solicitor experienced in contentious probate can help defend the estate and protect your rights as a beneficiary or executor.
What Not to Do in a Will Dispute
When facing a challenge to a Will, it is important to approach the situation carefully. Avoid making mistakes that could weaken your position:
Do Not Get Angry or Confrontational – Probate disputes can be highly emotional, but staying calm and professional will help resolve matters more effectively.
Do Not Make Offers or Settlements Without Legal Advice – Any agreement made without proper legal guidance could put you at a disadvantage.
Do Not Ignore the Challenge – If someone is contesting a Will, take it seriously and seek legal advice immediately.
Do Not Destroy or Alter Any Documents – Tampering with the Will or other estate documents can have serious legal consequences.
Defending an Estate When There Is No Will
If a family member didn’t make a Will, their estate will be distributed according to the rules of intestacy. In these cases, disputes may arise between potential heirs. If you are the administrator of an intestate estate, you may need legal assistance to resolve disputes and ensure the estate is distributed fairly.
How Much Does It Cost to Defend a Will?
The cost of defending a Will depends on the complexity of the dispute. Many cases can be settled through mediation or negotiation, avoiding costly court proceedings. Our expert contentious probate solicitors will provide clear advice on the best course of action and potential costs involved.
Why Choose Us to Defend a Will?
If you are facing a Will dispute, probate dispute, or inheritance challenge, our expert solicitors can help you protect the estate and uphold the deceased’s final wishes. We have extensive experience defending executors and beneficiaries against contentious probate claims. We provide clear, strategic advice and will work to resolve disputes as efficiently as possible.
Solicitors in Redditch, Bromsgrove & Surrounding Areas
If you are looking for a solicitor in Redditch, Bromsgrove, or the surrounding areas, please get in touch. We have extensive experience handling contentious probate cases and can provide expert legal advice tailored to your situation.
Take Action Today
If you are an executor or beneficiary facing a challenge to a Will, it is crucial to act swiftly. Strict time limits apply to defending a Will, so seeking legal advice as soon as possible is essential.
Contact our experienced contentious probate solicitors today to discuss your case and find out how we can help you. Call us or fill out our online enquiry form for a confidential consultation.