Receiving news that a loved one’s will is being contested can be a distressing and bewildering experience. As an executor or a beneficiary, you may feel a sense of responsibility to uphold the deceased’s final wishes and protect the integrity of their estate. Navigating such a challenge requires a clear understanding of the legal landscape and a strategic approach. At Blackstone Solicitors, we offer expert legal guidance to executors and beneficiaries across England and Wales, helping them defend against claims and ensure the deceased’s wishes are respected.
This article will provide a comprehensive overview of the steps you can take to defend against a will contest, from the initial notification of a claim to potential court proceedings. It is crucial to act decisively and professionally from the outset to protect the estate and your position within it.
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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.
Understanding the Grounds for a Challenge
A person cannot contest a will simply because they are unhappy with its contents. To have a valid claim, they must have a legal standing and be able to challenge the will on specific, recognised grounds. Understanding these grounds is the first step in building your defence. The most common grounds for a challenge are:
- Lack of Testamentary Capacity: The deceased lacked the mental capacity to make the will. This is a common ground for challenge and requires the claimant to prove that the deceased did not understand they were making a will, the extent of their assets, or the people who might have a claim on their estate.
- Undue Influence: The deceased was coerced or pressured into making the will. This is a difficult claim to prove, as it requires showing that the deceased’s free will was completely overcome.
- Lack of Due Execution: The will was not signed and witnessed correctly according to the law (The Wills Act 1837).
- Fraud or Forgery: The will was fraudulent or the signature was forged.
- Lack of Knowledge and Approval: The deceased did not know and approve of the contents of the will.
- Inheritance (Provision for Family and Dependants) Act 1975: This is a slightly different claim. It does not challenge the validity of the will itself but argues that the will fails to make “reasonable financial provision” for a spouse, child, or another dependent.
A successful defence will typically involve providing strong evidence to disprove the claimant’s allegations.
Initial Steps: What to Do First
The moment you become aware of a potential challenge, it is essential to seek expert legal advice. Do not attempt to handle the matter yourself, as any misstep could compromise your position and the estate’s assets.
Seek Expert Legal Advice: Contacting a specialist solicitor is the most important first step. An experienced probate litigation solicitor will assess the nature of the claim, advise you on your legal position, and help you formulate a strategy. At Blackstone Solicitors, we can provide you with clear, initial guidance on the strength of the claim against you.
Do Not Distribute the Estate: If you are the executor, you must immediately halt any distribution of the estate’s assets. If a caveat has been entered with the Probate Registry, you will be unable to obtain a Grant of Probate, which legally freezes the administration of the estate. Distributing assets after a challenge has been made could lead to personal liability.
Gather All Relevant Documents: Prepare a comprehensive set of documents for your solicitor. This should include:
- The will itself and any earlier wills.
- Any medical records of the deceased that may be relevant to their mental capacity.
- Correspondence with the deceased or the claimant.
- Notes from the solicitor who drafted the will, which can be invaluable evidence to prove the deceased’s capacity and intentions.
Issue a Caveat (if applicable): If the claimant has not already done so, you may want to consider entering a caveat yourself to prevent a Grant of Probate from being issued prematurely, thereby giving you time to investigate the claim properly.
Building Your Defence
The strength of your defence rests on your ability to provide evidence that directly refutes the claimant’s allegations. Your solicitor will guide you through this process, but a proactive approach is crucial.
Addressing Lack of Testamentary Capacity: If the deceased’s mental capacity is challenged, you will need to prove they were of sound mind when the will was made. Evidence can include:
- The Golden Rule: If the deceased was elderly or seriously ill, the solicitor who drafted the will should have arranged for a medical practitioner to assess and confirm their capacity. Evidence that this “golden rule” was followed is often the strongest defence.
- Solicitor’s File Notes: The notes from the will-drafting solicitor are often a goldmine of information. They should detail the deceased’s instructions, confirm their understanding, and note any observations about their mental state.
- Witness Statements: The two independent witnesses to the will can provide statements confirming the deceased’s state of mind and the correct execution of the document.
Addressing Undue Influence: This is a difficult claim for a claimant to prove, as they must show coercion, not just persuasion. Your defence will focus on demonstrating that the deceased was a strong-willed individual who was not easily manipulated. You may use:
- Witness Statements: From family, friends, or neighbours who knew the deceased and can attest to their independence.
- Solicitor’s File Notes: These notes can show that the deceased provided clear instructions without any pressure from others.
Addressing Lack of Due Execution: If the execution of the will is challenged, the evidence is usually straightforward. You can obtain witness statements from the two individuals who signed the will, confirming that the legal formalities were correctly followed.
Addressing an Inheritance Act Claim: This type of claim is not about the will’s validity, so the defence is different. Your solicitor will help you argue that the deceased made a “reasonable financial provision” for the claimant, or that the claimant does not have a genuine financial need. The defence will involve gathering evidence of the claimant’s financial status and the size and value of the estate.
Resolving the Dispute
The goal of a robust defence is often to negotiate a settlement and avoid the cost and stress of a full court trial.
- Negotiation: Your solicitor will engage with the claimant’s legal team to attempt to resolve the dispute through negotiation. This often involves proposing a settlement offer that is in the best interests of the estate and its beneficiaries.
- Mediation: If negotiation fails, mediation is an excellent alternative. A neutral, third-party mediator will help both sides explore a resolution. Mediation is confidential and non-binding, and it has a high success rate in resolving disputes without court intervention.
- Court Proceedings: If all attempts at an out-of-court settlement fail, the matter will proceed to court. This is a serious step, and your solicitor will represent you throughout the process. This involves preparing all necessary legal documents, presenting evidence, and advocating for your position at trial. The court’s decision will be final.
The Importance of Expert Legal Representation
Defending against a will contest is a complex and emotionally charged process. Without professional legal guidance, you risk making mistakes that could cost the estate dearly.
At Blackstone Solicitors, our specialist probate litigation team has extensive experience in successfully defending against a wide range of claims. We will:
- Provide an honest and realistic assessment of the claim against you.
- Take control of the situation and handle all communications with the claimant and their legal representatives.
- Proactively gather and present compelling evidence to defend the will’s validity.
- Work tirelessly to negotiate a resolution that protects the estate and honours the deceased’s wishes.
- Represent you robustly in court if litigation becomes unavoidable.
Our aim is to provide you with peace of mind and confidence in the face of a challenge, ensuring that the legacy of your loved one is protected. If a will you are involved with is being contested, contact Blackstone Solicitors today for a confidential discussion about your circumstances.
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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