Defending a Contested Will

When a loved one’s will is contested, it can be distressing and disruptive for those left behind. For executors and beneficiaries, defending a will means safeguarding the wishes of the deceased and ensuring that the estate is distributed fairly and lawfully. At Blackstone Solicitors, we offer expert guidance to individuals facing such challenges, providing calm, strategic support during what is often an emotionally charged time.

At Blackstone, we always aim to provide the best service possible. Meticulous in our approach, we will make sure everything is dealt with as you wish and will keep you updated throughout the legal process, ensuring that you always know of any developments.

“Myself and husband used Blackstone to write our wills. From beginning to end the process was carried out with great efficiency and professionalism and all staff were amicable and very quick to respond to any questions we had. All in all, very efficient. Would highly recommend and definitely use again should the need arise .”

– Gail Knowles

Understanding the Basis of the Challenge

A will may be contested for several reasons. Common allegations include:

Lack of mental capacity: Claimants may argue that the testator was not of sound mind when the will was made.
Undue influence or coercion: It may be alleged that the testator was pressured into leaving their assets in a certain way.
Improper execution: The will might be challenged if it wasn’t signed or witnessed correctly under the Wills Act 1837.
Fraud or forgery: Serious claims may question the authenticity of the document.
Inheritance Act claims: Individuals may assert that the will fails to make reasonable financial provision for them under the Inheritance (Provision for Family and Dependants) Act 1975.

Your Role as Executor or Beneficiary

If you are an executor named in the will or a beneficiary whose interest is at risk, defending the will is about preserving the testator’s intentions. Executors have a duty to uphold the will and administer the estate lawfully and efficiently. Beneficiaries, meanwhile, often seek to protect their entitlement in the face of a challenge.

How to Defend a Will

The process of defending a contested will involves several steps:

Seek Legal Advice Early: Timing is critical. The sooner you engage legal support, the better positioned you’ll be to respond to a claim and preserve crucial evidence.
Gather Documentation: Medical records, statements from those who knew the testator, earlier versions of the will, and solicitor files can all be vital.
Engage in Pre-Action Protocols: In many cases, disputes can be managed through correspondence or mediation, without the need for court proceedings.
Prepare for Litigation: If the matter escalates, proceedings may be issued in the Probate Registry or Chancery Division. A solicitor will help you frame a robust defence and advocate on your behalf.
Protect Estate Assets: Steps may be taken to preserve estate assets while the dispute is resolved, including freezing accounts or securing property.

Finding Resolution

Not every contested will ends in the courtroom. Mediation is often a preferable option, allowing families to reach agreement outside of formal litigation. Even when strong legal arguments exist, a pragmatic and sensitive approach can yield better outcomes—financially and emotionally.

At Blackstone Solicitors, we pride ourselves on delivering not just legal clarity, but a human touch. We understand that behind every contested will is a family, a legacy, and a story worth honouring. If you’re facing a challenge to a will, our team is here to help you defend what’s rightfully yours.

Our Approach

We place huge emphasis on getting things done properly and efficiently. This is especially true when providing legal advice concerning defending a contested Will and we have vast experience of this area of law. We take all of the necessary provisions to protect you, your family and your estate ensuring they are properly set out, fulfilling every aim and objective whatever your requirements may be.

Our Services

We can provide help with a wide range of matters relating to wills and inheritance disputes, including:

Get in Touch

Contact us today to discuss any matter relating to defending a contested Will. We can talk about your situation in-depth and get to the bottom of what you need and how we can help. We are here to answer any questions which you have, and we aim to make everything as simple for you as possible.

Our team is approachable and professional, and we will do everything in our power to help you get the outcome you need. Call us on 0330 808 0801 or, if you would prefer us to contact you, leave your details via our online enquiry form.

We offer our services to clients in Manchester, Chester, Cheshire and throughout the rest of the UK. We also have an office in London.