Defending a Contested Will
If you've received a letter challenging a will, discovered a caveat, or been told that a family member intends to contest it, you may be feeling uncertain about what happens next.
We understand how difficult this can be, particularly when you're dealing with the loss of someone close to you. Getting the right legal advice early on can help you understand your position and how best to respond.
We support those defending a contested will across Liverpool, Warrington, Runcorn, Wigan, and the wider North West, as well as remote clients throughout England and Wales.
Whatever stage you're at, we'll take the time to understand your situation, explain your options, and guide you through the process.
Call 03444 124348 or enquire today.
Defending a Will? Here Are the First Steps
Receiving a will challenge can leave you feeling shocked and confused. While every situation is different, there are a few initial, practical steps you can take to avoid making things more complicated.
- Pause any distributions: Speak to a legal professional before distributing the estate or selling assets to avoid complications.
- Get advice before responding: A solicitor can help you respond appropriately to any letters or allegations.
- Keep relevant documents: Gather the original will, previous wills, correspondence, and financial records.
- Make a note of what you remember: Record anything you recall about the will being made, including who was present and the deceased's health at the time.
- Check whether a caveat is in place: A caveat can prevent probate being granted while a dispute is investigated.
Defending a Will Challenge as an Executor or Beneficiary
There are different roles and responsibilities when defending a contested will. We'll help you understand your position and the steps you can take.
Executors
As an executor, you're responsible for administering the estate in accordance with the will. When a will is challenged, these responsibilities can become more complicated. We'll help you understand your role, navigate the dispute, and protect the estate while it's being resolved.
Beneficiaries
If you're a beneficiary, a will challenge could affect the inheritance you've been left. Understandably, this can be a worrying time. We'll explain your rights and help you understand your options, including the potential costs involved.
Note: Where beneficiaries have aligned interests, it may be possible for them to share legal representation.
Executors Who Are Also Beneficiaries
If you're both an executor and a beneficiary, a will dispute can be particularly difficult to navigate. You have responsibilities to the estate while also having a personal interest in the inheritance. We'll help you understand your role as an executor, while advising you on your rights as a beneficiary and any potential conflicts of interest.
Common Grounds for Contesting a Will
There are several reasons why someone might contest a will, from concerns about the deceased's mental capacity to allegations of undue influence. Understanding these grounds is an important first step in deciding how to respond.
| Challenge | What it means | How we can help |
|---|---|---|
| Testamentary capacity | The challenger believes the deceased didn't have the mental capacity to make a valid will. | We'll examine the relevant medical records, the will-writer's notes, and the witness evidence. |
| Undue influence | The challenger alleges that the deceased was pressured or coerced into making the will. | We'll assess the available evidence and help establish whether the allegations are supported. |
| Lack of knowledge and approval | The challenger believes the deceased didn't understand or approve the contents of the will. | We'll review the circumstances in which the will was prepared and signed. |
| Improper execution | The challenger believes the will wasn't signed or witnessed in accordance with legal requirements. | We'll examine the will and any available witness evidence to establish whether the legal formalities were met. |
| Fraud or forgery | The challenger alleges that the will was falsified or obtained through fraud. | We'll investigate the available evidence and, where appropriate, consider expert handwriting analysis. |
No matter what challenge you're facing, our team is here to support you. Get in touch today to find out how we can help.
Defending Claims Against the Estate
Not every dispute involves directly contesting the validity of a will. In some cases, someone may accept that the will is valid but still make a claim. Two examples are claims under the Inheritance (Provision for Family and Dependants) Act 1975 and proprietary estoppel claims.
- Inheritance Act claims: Certain family members and dependants may be able to claim if they believe they weren't reasonably provided for. This is normally subject to a six-month time limit from the grant of representation. We'll assess the circumstances and help you respond.
- Proprietary estoppel claims: Someone may claim that the deceased made a promise about a property or another asset which they relied on. We'll examine the alleged promise and any detriment suffered.
For more information on how to handle these challenges, visit our page on inheritance disputes.
How to Defend a Will Contest: Our Step-By-Step Approach
If you're unsure how to defend a will contest, understanding what to expect can make the process feel less daunting. Our approach typically includes:
- Reviewing the challenge: We'll carefully review the allegations and any caveat in place and advise you on the options available.
- Obtaining relevant documents: If necessary, we'll request the will-writer's file to help us understand the circumstances in which the will was prepared. This may include making a 'Larke v Nugus' request to the person who drafted the will for relevant information and documents.
- Gathering evidence: We'll collect relevant evidence, which may include medical records, witness statements, and expert reports.
- Responding to the claim: We'll prepare a response addressing the allegations and setting out the evidence supporting the will's validity.
- Exploring settlement: Our team will explore negotiation or mediation to see whether the dispute can be resolved, potentially saving time, costs, and further strain on family relationships.
- Representing you in court: If an agreement can't be reached, we'll advise you on the next steps and represent you through court proceedings.
Every dispute is different, so the time involved can vary. We'll explain what to expect from the outset, including a realistic timeline based on your circumstances.
What It Costs to Defend a Contested Will
At Bell Lamb & Joynson, we offer fixed-fee packages and hourly rates, depending on the work involved. Get in touch today to find out our costs.
The general rule is that the losing party pays. Depending on the circumstances, executors may be able to recover legal costs from the estate if they have acted appropriately.
We'll explain the financial risks involved from the outset, so you can make an informed decision about how you'd like to proceed.
Why Choose Bell Lamb & Joynson for Defending a Contested Will?
We know that facing a will challenge can be stressful and unsettling, particularly when it involves family and the estate of someone close to you. Our team will take the time to understand your circumstances and keep you informed at every stage.
With over 200 years in this sector, we’re recognised as a Legal 500 Leading Firm (2026), reflecting our knowledge and expertise. We combine practical legal advice with a sensitive approach, so you can feel confident and supported throughout the process.
If you're facing a will challenge, speak to our team on 03444 124348 or complete our enquiry form.
Frequently Asked Questions
What is a caveat?
A caveat is a legal notice filed with the Probate Registry that stops a grant of probate from being issued for six months. This pauses the administration of a deceased person's estate, meaning executors cannot distribute assets while validity is investigated. It can be renewed, and an executor can issue a 'warning' requiring the person who entered it to set out their interest.
Who pays to defend a contested will?
It depends on your role. If executors have acted properly, they may be able to recover costs from the estate. Beneficiaries usually pay their own legal fees unless the court orders otherwise. Our team will help you understand your options and the financial implications involved.
What does an executor do if a will is contested?
If a will is contested, an executor should protect the estate while the dispute is resolved. This typically means putting distributions on hold and preserving assets. Getting legal advice early can help you understand your responsibilities and the steps you need to take.
How do I protect my will from being contested?
You can reduce the risk of a dispute by using a qualified solicitor, making sure the will is signed and witnessed correctly, and keeping a clear record of how and why you made your wishes.
If there are concerns about capacity or undue influence, it’s worth following the 'golden rule'. This means having a medical practitioner assess your capacity and witness or approve the will, which is particularly important if you’re elderly or seriously ill.
For more detail, visit our page on making a will.
Is it worth defending a will?
Often, yes, particularly if the will was properly made, there’s evidence to support its validity, and the challenger’s claims are weak. It may also be worth defending a will dispute if the amount at stake clearly outweighs the likely legal costs. We’ll assess the circumstances and explain your options so you can decide how to proceed.
Can the estate be shared out while a will is contested?
Generally, no. It's best to avoid distributing the estate during a will challenge, especially if there's a caveat in place. Doing so can create complications and may expose executors to personal liability.
How long does someone have to contest a will?
There's generally no fixed time limit for challenging a will's validity, but it's important to act promptly, as delays can make it harder to gather evidence or resolve the dispute.
Claims made under the Inheritance Act 1975 typically need to be made within six months of the grant of representation. The court can allow late claims, but permission isn't guaranteed.
What happens if a will is found invalid?
If a court finds that a will is invalid, the estate will usually be distributed according to an earlier valid will, if one exists. If it doesn't, it will generally be distributed under the rules of intestacy. In some cases, only part of a will may be found invalid, meaning the remaining provisions can still take effect.