How to defend a claim against an estate

What is a will dispute, or a contested will?

A will dispute, also known as contesting a will, is a legal challenge to the validity or interpretation of the will. The responsibility of defending this falls to the executor or the administrator.

Who is responsible for defending a will?

If you are the executor of a will then you are responsible for collecting and preserving the estate, paying any debts and distributing the estate according to the will.

If the person did not leave a will then, as administrator, you will act in a similar fashion as an Executor but you will distribute the estate in accordance with the intestacy rules. Within either of these roles, it is also your responsibility to defend the will against any disputes.

You may also come up against people trying to make a claim against the estate if they say they were dependants of the deceased but were not named in the Will, are not in the intestacy list, or they believe that they have not received what they were entitled to.

There may also be a dispute as to the validity of the will. The Wills Act 1837 requires a will to be:

• signed,
• witnessed,
• made voluntarily and without duress,
• and made by a person of sound mind.

The validity of the will can be questioned if any of these requirements are not met.

What does defending a will entail?

When defending a will, it is important to act quickly and be prepared when you seek the legal advice you will require.

The first step to defending a will is to understand why it is being challenged in the first place, for instance whether its validity is being contested or the contents are being disputed.

Further to this you should begin to gather evidence. This might include the will itself, previous wills, the death certificate, and any other relevant documentation. You will also need to consider the conditions under which the will was made. This includes the person’s mental state, condition of health, and their relationships with any potential beneficiaries.

All this evidence will be relevant when legally protecting a will from any disputes. At this stage, it is important to contact a solicitor to help you defend the will. Our specialist wills and probate solicitors are on hand to support you at this sensitive time.

How do I resolve a will dispute and defend a will?

If the will is disputed or contested, there are things you can do if you believe the challenge is unwarranted.

You should try to settle the challenge but at the same time uphold the provisions of the will. It is important to seek specialist legal advice because if you fail to act correctly it could lead to legal action being taken against you.

A solicitor will be able to advise whether the challenge is soundly based and help you towards a favourable outcome. It is important to note that the solicitor you choose to help you should not have been involved in the drafting of the will.

Your solicitor will be able to help you establish the reasons that the will is valid and why its contents should stand. These reasons could include:

• The will has been executed properly and reflects the deceased's true wishes.
• The deceased had sufficient mental capacity at the time of writing the will.
• You behaved appropriately and reasonably as executor.
• You can prove who owns the property that is being challenged (for instance, where property was jointly owned).

Where a claim for dependency is being made, your solicitor will help you assess whether the claim is genuine and how best to respond to any allegations that are made.

There are other things that will be looked at when defending a claim against an estate, but your solicitor will be able to guide you through this.

Can Slater and Gordon help?

Slater and Gordon's probate solicitors can guide you through the process of defending a claim against an estate, whether you are the Executor or beneficiary.

Call us on freephone 0330 041 5869 or contact us online.

All information was correct at the time of publication.