Defending a Will
Helping you to defend a contested Will
We understand how distressing it can be when the validity of a will is challenged - especially when you believe the will reflects your loved one’s true intentions.
Our expert contentious probate solicitors are here to guide you through defending a will against disputes or claims. We combine legal expertise with empathy, working closely with you to protect your loved one’s wishes. Whether you are an executor, a beneficiary, or someone with an interest in the estate, we aim to support you every step of the way.
Challenges to a will can arise from allegations such as undue influence, lack of mental capacity, or concerns about how the will was prepared or executed.
We offer thoughtful, strategic representation to ensure your loved one’s final wishes are honoured and that you’re fully supported throughout the legal process.
Request legal advice on defending a will
Why choose Higgs LLP to defend a will?
Our lawyers are widely recognised for their depth of knowledge and success in contentious probate matters, offering bespoke legal support across a wide range of complex cases. When you choose to work with us, you can expect:
- Strategic, tailored advice: Every situation is unique. We take the time to understand your personal circumstances and develop a legal strategy aligned with your needs and goals from the outset.
- Clear, practical communication: We’ll explain your options clearly and keep you informed at every stage so you can make confident, informed decisions.
- Client-focused support: We understand that probate disputes are emotionally challenging. Our team provides not only expert legal guidance but also the reassurance and sensitivity needed at such a difficult time.
- Proven results: We have a strong track record of successfully defending wills - often resolving matters through negotiation or mediation without the need for court proceedings.
- Trusted advice: For 150 years, Higgs LLP has provided people-driven legal excellence, achieving a 4.9* rating on Review Solicitors.
- External recognition: The team comprises members of the Society of Trust and Estate Practitioners and the Association of Contentious Trust and Probate Specialists (ACTAPS) and is ranked by the Legal 500 and Chambers & Partners High Net Worth guide for private wealth disputes.
Meet the will disputes team
Craig Ridge
Partner and Head of Contentious Probate
Georgia Stott
Senior Associate - Contentious Probate
Elizabeth Tolmie
Associate - Contentious Probate
Joseph Martin
Senior Associate - Contentious Probate
What does it mean to defend a will?
Defending a will means protecting its legal validity when someone contests it. Challenges often stem from claims that the person lacked mental capacity, was pressured, or that legal formalities weren’t met.
Whether you are an executor, beneficiary, or someone with an interest in the estate, defending the will honours your loved one’s final wishes and upholds the legal process with integrity.
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FAQs
If you’re an executor and the will is being contested, your responsibilities can become more complex. These may include:
- Acting impartially: As executor, your primary duty is to the estate - not any individual party. You must remain neutral and act in the estate’s best interests.
- Supporting the Will: You may be required to provide documentation and evidence, such as medical records or solicitor correspondence, to demonstrate the validity of the will.
- Maintaining communication: Keeping beneficiaries and other relevant parties updated is crucial to managing expectations and ensuring transparency.
- Managing the estate: Some administrative tasks may continue during the dispute, but the distribution of assets is usually paused until the matter is resolved.
Seeking early legal advice is essential to help you fulfil your duties effectively and avoid personal liability.
Each case is different, but most follow this general process:
- Assess the claim: Understand the challenge and its potential impact.
- Gather evidence: Build a factual, thorough defence.
- File a defence: If court proceedings begin, respond formally to uphold the will.
- Negotiate or proceed to Court: Many disputes are resolved through mediation; others may require a judge’s decision.
- Final resolution: The executor can proceed with estate administration once the matter is resolved.
Costs in will disputes can vary:
- Sometimes, the estate pays to defend the will.
- If a claim is groundless, the challenger may be ordered to pay.
- In other cases, each side pays its own costs, depending on how things unfold.
When a will is contested, typical counterarguments include:
- Testamentary capacity: Evidence that the deceased had the mental ability to understand what they were doing when they made the will.
- Lack of undue influence: Demonstrating that the will was made voluntarily, without coercion or manipulation.
- Proper execution: Confirming the legal formalities were followed—such as signing the will in the presence of witnesses.
- Most recent will: Proving that the disputed will is the final, valid expression of the deceased’s wishes.
In many instances, yes. Certain administrative tasks—such as securing assets, paying debts, or maintaining property—can continue during a dispute. However, the distribution of assets to beneficiaries is usually paused until the matter is resolved.
Pre-death agreements, sometimes called mutual wills or inheritance agreements, are arrangements made during a person’s lifetime regarding how their estate will be distributed after death.
These may include promises to leave property or financial provision to specific individuals.
Disputes can arise if the contents of the final will conflict with a pre-death agreement. Our team can help establish whether such an agreement exists and advise on its legal impact.
Anyone who was party to a pre-death agreement or who reasonably relied on a promise made by the deceased may be able to challenge the will. This may include a spouse, partner, family member, or close friend who expected to benefit.
Claims based on pre-death agreements often involve breach of contract or proprietary estoppel, where someone has suffered detriment by relying on a promise. Our specialists can advise on the strength of these claims and how they might affect the estate’s administration.
