Defending a will
Protecting a will, and the deceased’s wishes, against a challenge.
How we can help
- Assessing the strength of the challenge being made
- Gathering evidence of capacity and proper execution
- Obtaining the will draftsman’s file and attendance notes
- Responding to caveats and applying to remove them where appropriate
- Defending proceedings and protecting the estate from unnecessary costs
- Advising executors on their duties while a dispute is live
What happens next
- Send us the will, the challenge and anything from the solicitor who drafted it.
- We assess the claim and advise on its real prospects.
- We respond, and where sensible explore settlement before costs mount.
Fees for this work
Charged hourly. Where you are acting as executor, costs are often payable from the estate, but this is not automatic.
Common questions
Someone has entered a caveat. What do I do?
You can issue a warning requiring them to state their interest, which forces the issue rather than letting the estate sit frozen. Take advice before doing so as it starts a formal process.
As executor, must I defend the will?
Your duty is to the estate, and that usually means remaining neutral in a dispute between beneficiaries rather than taking sides. Getting this wrong can leave you personally liable for costs.
The will was homemade. Is it weaker?
Not automatically, but homemade wills are challenged more often because execution and capacity are less well evidenced. A professionally drafted will comes with a file of attendance notes that is often decisive.
Can we settle?
Usually, and most disputes do. A deed of variation can restructure who receives what by agreement, often with tax advantages.
Tell us what's happened
Confidential, reviewed by a solicitor, answered within one working day.