Discovering that a Will from which you benefit is being challenged can be unsettling.
Such disputes often arise shortly after a death, when emotions are heightened, and family dynamics may be strained.
Understanding your legal position at an early stage is therefore essential to ensure that you respond appropriately and protect your interests.
Our contentious probate solicitors explore how beneficiaries and executors should respond when a Will is challenged, outlining the common grounds for disputes, the process involved, and the steps needed to protect your position.
What is a Will challenge?
A Will may be challenged on a number of legal grounds, including:
- Formal invalidity: where the Will has not been executed in accordance with the statutory requirements, for example, if it was not properly signed or witnessed.
- Lack of knowledge and approval: where the testator did not understand or approve the contents of the Will at the time it was signed.
- Lack of testamentary capacity: where, due to their mental state, the testator was unable to understand the nature and effect of making a Will, the extent of their estate, or the claims of potential beneficiaries.
- Undue influence: where the Will reflects pressure exerted on the testator to such an extent that it overpowered their free will. This must go beyond ordinary persuasion and amount to influence that is legally “undue”.
If a Will challenge is successful, the effect is that the disputed Will is declared invalid. The estate will then be distributed in accordance with the terms of the previous valid Will, if one exists, or otherwise under the intestacy rules.
How do Will challenges begin?
In many cases, the first indication that a Will may be challenged is the lodging of a caveat at the Probate Registry.
A caveat prevents the executors from obtaining a Grant of Probate while investigations into the validity of the Will are carried out.
Once sufficient evidence has been gathered, the individual bringing the challenge should prepare a Letter of Claim to be sent to the executors and beneficiaries named in the disputed Will.
This letter sets out the legal basis of the challenge, the facts relied upon, and any evidence to support the claim.
Are you an executor or a beneficiary?
Your role in the estate will determine how you should respond.
If you are named as an executor in a Will, a Letter of Claim may be addressed to you in that capacity.
Executors are required to adopt a neutral position in relation to disputes concerning the validity of the Will.
Executors have duties to provide certain estate information to a prospective claimant; however, they must take care not to appear to be taking a ‘side’ in the dispute.
Failure to remain neutral can jeopardise an executor’s ability to recover their legal costs from the estate.
If you are a beneficiary, you are entitled to defend the Will and your interest under it.
It is common for individuals to be appointed as both executor and beneficiary.
In these circumstances, it is essential to keep the two roles distinct.
Practically, this means clearly identifying the capacity in which you are acting at all times.
As executor, you must remain neutral and comply with your administrative obligations; as beneficiary, you may actively respond to the Letter of Claim, set out your position, and provide evidence in support of the validity of the Will.
Next Steps
Will challenges can be particularly frustrating where a potential claimant signals an intention to challenge a Will but fails to progress matters promptly.
This can delay the administration of the estate and leave executors and beneficiaries feeling powerless.
However, there are steps that can be taken to encourage progress and bring matters to a resolution.
Where a challenge is underway or threatened, early legal advice can be invaluable.
Advice on the merits of the challenge, your obligations, and the strategic options available can help protect both the estate and your personal position.
If you find yourself involved in a Will dispute, whether as an executor or a beneficiary, specialist advice can help you navigate what is often a sensitive and complex process.
Contact Our Contentious Probate Solicitors
If you are facing a Will challenge or have concerns about protecting your position as an executor or beneficiary, contact our Contentious Probate Team
0161 941 4000
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Rhiannon Edwards
Senior Associate
Rhiannon is a Senior Associate and joined the Myerson team in 2024. Rhiannon is an experienced probate litigator and advises on a full range of probate disputes. She is a full member of the Society of Trust and Estate Practitioners (STEP) and is working towards her Association of Contentious Probate Specialists (ACTAPS) full membership.
About Rhiannon Edwards