When a loved one passes away, the administration of their estate is often a time of reflection, responsibility, and resolution. However, it can also become a source of dispute—particularly when someone brings a legal claim against the estate. Whether the challenge relates to the validity of the will, a demand for financial provision, or a dispute over assets, defending a claim requires careful legal strategy and a firm understanding of probate law.
At Blackstone Solicitors, we represent executors, administrators, and beneficiaries across England and Wales in defending claims against estates. We understand the emotional and legal complexities involved and offer clear, confident guidance to protect your position and uphold the wishes of the deceased.
This article outlines the types of claims that may arise, the legal defences available, and how our expert team can help you respond effectively.
Please click here to find out more about our Wills and Inheritance Dispute Services.
Free Initial Telephone Discussion
For a free initial discussion on how we can help you deal with the legal implications of contesting a Will, get in touch with us today. We are also experienced in dealing with all aspects of Wills, Probate and inheritance disputes and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Who Might Bring a Claim Against an Estate?
Claims against an estate can be brought by a wide range of individuals, including:
- Family members who feel unfairly excluded or inadequately provided for
- Individuals who were financially dependent on the deceased
- Those who believe the will is invalid or was made under duress
- Creditors seeking repayment of debts
- Co-owners or business partners disputing ownership of assets
Such claims can delay the administration of the estate, increase costs, and cause significant distress to those involved. Executors and administrators have a legal duty to respond appropriately and protect the estate’s assets.
Common Types of Claims
- Inheritance Act Claims
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals may claim that the will (or intestacy) fails to make reasonable financial provision for them. Eligible claimants include:
- Spouses or civil partners
- Former spouses or civil partners (if not remarried)
- Children (including adult children)
- Stepchildren treated as children of the family
- Individuals financially maintained by the deceased
Defending such claims involves demonstrating that the will reflects the deceased’s intentions and that the claimant’s financial needs do not warrant further provision.
- Challenges to Will Validity
A claimant may argue that the will is invalid due to:
- Lack of testamentary capacity
- Undue influence
- Lack of knowledge and approval
- Forgery or fraud
- Improper execution
Defending these claims requires evidence that the will was properly made, the deceased understood its contents, and there was no coercion or suspicious behaviour.
- Proprietary Estoppel and Trust Claims
In some cases, individuals claim that the deceased made promises about property or assets that were not honoured in the will. For example, a child may argue that they were promised the family farm in return for years of unpaid work.
Defending such claims involves examining the nature of the alleged promise, the claimant’s reliance on it, and whether it would be unjust to deny the expectation.
- Disputes Over Ownership
Claims may arise over jointly owned property, business interests, or assets held in trust. The claimant may argue that certain assets do not form part of the estate or were wrongly distributed.
Defence requires a clear understanding of legal ownership, documentation, and the intentions of the deceased.
Role of the Executor or Administrator
If you are acting as executor or administrator, you have a legal duty to:
- Administer the estate in accordance with the will or intestacy rules
- Protect the estate’s assets
- Act impartially and in the best interests of all beneficiaries
- Respond to legal claims appropriately
- Seek professional advice where necessary
You may be personally liable for losses caused by mishandling a claim or failing to defend the estate properly. At Blackstone Solicitors, we provide executors with robust legal support to fulfil their duties and minimise risk.
Legal Defences and Strategy
Defending a claim against an estate requires a tailored approach based on the nature of the claim and the available evidence. Common defences include:
- Testamentary Capacity
If the will is challenged on the basis of mental incapacity, you may defend it by providing:
- Medical records confirming capacity
- Statements from solicitors or witnesses involved in drafting the will
- Evidence of the deceased’s understanding and intentions
- Absence of Undue Influence
To rebut allegations of coercion, you may present:
- Independent legal advice received by the deceased
- Witness accounts of the deceased’s decision-making
- A history of consistent testamentary intentions
- Reasonable Provision
In Inheritance Act claims, you may argue that:
- The claimant was not financially dependent
- The deceased made adequate provision through other means
- The estate is insufficient to meet the claim without harming other beneficiaries
The court will consider the claimant’s needs, the size of the estate, and the competing interests of other parties.
- Procedural Defences
You may also challenge the claim on procedural grounds, such as:
- The claim being brought outside the statutory time limit
- Lack of standing or eligibility to bring the claim
- Insufficient evidence or failure to comply with court rules
Evidence and Documentation
Strong evidence is key to defending a claim. This may include:
- The original will and previous versions
- Medical records and capacity assessments
- Solicitor’s notes and correspondence
- Witness statements from family, friends, or professionals
- Financial records and asset valuations
- Letters, emails, or recordings showing the deceased’s intentions
We help clients gather and present evidence in a clear, persuasive manner to support their defence.
Mediation and Settlement
Not all estate disputes need to go to court. Mediation offers a confidential and cost-effective way to resolve claims, often preserving family relationships and avoiding lengthy litigation.
As part of our service, we:
- Represent clients in mediation sessions
- Negotiate settlements that protect the estate and beneficiaries
- Draft legally binding agreements to conclude disputes
We always explore alternative dispute resolution before proceeding to trial.
Court Proceedings
If mediation fails or the claim is particularly complex, court proceedings may be necessary. We provide:
- Strategic litigation advice
- Representation in the High Court or County Court
- Expert witness coordination
- Clear guidance on costs, risks, and outcomes
Our goal is to defend the estate robustly while minimising disruption and expense.
How Blackstone Solicitors Can Help
We offer comprehensive support to executors, administrators, and beneficiaries facing claims against an estate. Our services include:
- Initial case assessment and strategic advice
- Evidence gathering and witness coordination
- Mediation and negotiation
- Court representation and advocacy
- Risk management and cost control
With deep expertise in contentious probate and inheritance law, we help clients defend estates with professionalism, empathy, and precision.
Conclusion
Defending a claim against an estate is a serious responsibility that demands legal expertise, strategic thinking, and emotional sensitivity. Whether you are an executor, administrator, or beneficiary, it is essential to act promptly, seek professional advice, and protect the legacy of your loved one.
At Blackstone Solicitors, we guide clients across England and Wales through every stage of estate defence. If you are facing a claim, contact our team today for trusted advice and tailored support.
How we can help
We have a proven track-record of helping clients deal with contesting a Will. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. (or whether) to incorporate, what kind of ownership
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of contesting a will. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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