Defending a Contested Will

To make a valid Will, the person making it  (the “testator”) must have the mental capacity to:

• Understand the nature and effect of making a Will;
• Understand the extent of their estate, including property and other assets;
• Appreciate the people (such as a spouse, partner, or children) who may reasonably expect to benefit.

The testator must also be free from any condition or delusion that unfairly affected their decisions. This is important where the Will was made close to death or where the testator later dies after a period of illness, as contemporaneous evidence can be decisive.

Capacity disputes often involve detailed medical and factual evidence.

We work closely with medical experts, witnesses and drafting solicitors to defend claims that the deceased lacked testamentary capacity when the Will was made, and to ensure the best available evidence is obtained in a timely manner.

We can provide a clear plan for gathering evidence, including medical records and attendance notes, and consider whether expert evidence is likely to be required.

A Will may be challenged where it is alleged that the testator was pressured or coerced into making it.

These claims often arise where the deceased was elderly, vulnerable or dependent on another person.

However, undue influence can be difficult to prove.

It is not enough to show persuasion or family pressure - the claimant must show that the testator’s free will was overpowered, and the evidence must support that claim.

In practice, the claimant must show more than suspicion; they must provide evidence, and the court will consider whether the allegations are reasonable on the facts.

We regularly defend executors and beneficiaries against allegations of coercion and manipulation.

This type of claim alleges that the testator did not fully understand or approve the contents of the Will when signing it.

Concerns can arise where:

• The Will was prepared by a beneficiary
• The deceased was vulnerable or visually impaired
• The terms of the Will differ significantly from previous Wills

We gather evidence from solicitors, witnesses and family members to defend the validity of the Will and demonstrate that the testator understood and approved its contents.

We can also consider whether there was any conflict of interest, and we will provide advice on how to present the evidence clearly and professionally.

Strict legal requirements apply to the signing and witnessing of Wills under the Wills Act 1837, and it is important to follow the correct legal process.

To be valid, a Will must:

• Be in writing
• Be signed by the testator
• Be signed with the intention of giving effect to the Will
• Be witnessed correctly by two witnesses

If these formalities were not followed properly, the Will would be treated as invalid.

If  executors and beneficiaries do not believe that the Will has been improperly executed, we advise on defending allegations relating to improper execution, witness issues, and other concerns about validity.

Some disputes will involve allegations that:

• The testator’s signature was forged
• Witness signatures were falsified
• The Will itself was fraudulent

These are serious allegations which often require forensic evidence, a careful review of the circumstances, and a detailed investigation.

Our contentious probate solicitors have extensive experience defending estates against fraud-related claims.

Where appropriate, we can offer support in instructing suitable expert handwriting or document examiners and in ensuring the evidence is preserved.

Fraudulent calumny occurs where false statements are made about another person, causing the testator to exclude them from the Will.

These claims are relatively uncommon but can be highly complex and emotionally sensitive. We advise executors and beneficiaries on defending such allegations and protecting the validity of the Will.

If someone disputes the validity of a Will, they may enter a caveat at the Probate Registry and contest the issue. This prevents a grant of probate from being issued while the dispute remains unresolved.

In many cases, disputes can be resolved through correspondence, negotiation or mediation before formal court proceedings become necessary.

Where a caveat has been entered without proper justification, executors may be able to:

• Issue a Warning against the caveat;
• Apply to remove the caveat; or
• Seek a limited or interim grant of probate.

We advise executors and beneficiaries throughout the dispute process, helping them resolve matters as efficiently and cost-effectively as possible, and ensuring the estate is properly administered. We aim to ensure the process is proportionate, keeping an eye on time, costs and the financial impact on the estate.

Some contested Will disputes also involve claims under the Inheritance (Provision for Family and Dependants) Act 1975, which can affect financial provision for a spouse, partner or other loved ones.

These claims can affect the financial value of an estate and reduce a beneficiary’s inheritance.

We advise executors and beneficiaries on defending Inheritance Act claims, negotiating settlements where appropriate and protecting the estate throughout the dispute, so assets are distributed in line with the court’s decision or agreed terms.

These cases can involve a spouse, civil partner, child or other dependant, and the court will consider what financial provision is reasonable in all the circumstances.

Defending a contested Will means responding to a legal challenge against the validity of a Will or the administration of an estate, and putting forward a clear defence based on the evidence. This may involve defending allegations relating to capacity, undue influence, fraud, forgery or improper execution, and following the correct legal process.

Executors, trustees and beneficiaries may all require legal advice when defending a contested Will. Getting professional advice early on can help ensure deadlines are met, evidence is secured, and the financial position of the estate is protected.

A contested Will is usually defended by:

• Executors or personal representatives of the estate
• Beneficiaries named in the Will
• Trustees involved in administering the estate

Beneficiaries usually take the lead in responding to the dispute as their inheritance is affected. Executors are also involved, but their role is limited to providing information about the estate.

Yes. A Will can often be successfully defended if there is sufficient evidence that it was validly made and reflected the deceased’s wishes, and if it is reasonable to do so in light of the likely costs and time involved.

The strength of the defence will depend on:

• The evidence available;
• The grounds of challenge;
• Medical and witness evidence;
• The circumstances surrounding the preparation and signing of the Will; and
• The likely financial impact on the estate.

It is also important to consider the time limits, the likely costs, and the financial value at stake.

Common grounds for contesting a Will include:

• Lack of testamentary capacity
• Undue influence or coercion
• Lack of knowledge and approval
• Fraud or forgery
• Improper execution of the Will

Some disputes also involve claims under the Inheritance (Provision for Family and Dependants) Act 1975.

A caveat prevents a grant of probate from being issued while a dispute regarding the Will remains unresolved. Our solicitors can advise on the process, the time it may take, and what it is reasonable to do to move matters forward.

If a caveat has been entered without proper justification, executors may be able to:

• Issue a Warning against the caveat
• Apply to remove the caveat
• Seek directions from the court

We can advise on the most appropriate steps to take where a caveat is delaying the administration of the estate.

Yes, but their role is limited to providing information about the estate.  Executors have legal duties to:

• Preserve estate assets
• Administer the estate properly
• Act in the best interests of the beneficiaries
• They must also act with care, keep proper records, and consider the interests of the family and any other parties involved

Our solicitors regularly advise executors on managing probate disputes, meeting their responsibilities, and responding to challenges effectively.

Yes. Beneficiaries will need to defend a Will where their inheritance is at risk, where a claimant seeks to contest it, or where allegations are made against them directly.

The timescale for defending a contested Will depends on:

• The complexity of the dispute
• The evidence involved
• Whether settlement can be reached
• Whether court proceedings become necessary
• We will also consider whether property or other assets need to be preserved pending the court’s decision.

Some disputes resolve through negotiation or mediation within a few months, while more complex cases can take significantly longer, and time can also be affected by the availability of evidence and experts.

Yes. Many contested Will disputes are resolved through negotiation, mediation or other forms of alternative dispute resolution without the need for a final court hearing.

Early legal advice can often help parties reach a practical and cost-effective resolution. We can offer support with mediation preparation, including helping you consider a reasonable settlement range and the likely outcome if the case proceeds.

The cost of defending a contested Will depends on:

• The complexity of the dispute
• The amount of evidence involved
• Whether expert evidence is required
• Whether the matter proceeds to court

We provide clear and transparent cost advice from the outset, explain likely fees, and keep clients updated throughout the matter. We can provide clarity on fees, who may pay the costs, and how to manage the financial risk over time.

In the Neate v Heselden case, we represented Susan Pope, a friend and carer of the deceased, Raymond Watts, who had amended his will to leave her the bulk of his estate. Watts’s stepdaughter, Beverley Neate, challenged the will’s validity, alleging that he lacked full understanding and approval when making these changes due to alleged undue influence.

The case presented several complexities. Watts’s estate changes were significant, transferring primary inheritance from a family member to a non-relative, which can often lead to suspicion in probate cases. Proving Watts’s mental clarity and independence at the time of the will’s execution required careful evidence analysis, especially given the relationship dynamics with his stepdaughter.

Myerson’s contentious probate team, led by Senior Associate Eleanor Clarke, meticulously reviewed medical records, personal testimonies, and the timeline of the will’s changes. The team built a strong case for Pope, focusing on Watts’s clear testamentary intent and the nature of his estrangement from Neate, which added context to the will's contents.

The High Court upheld the will, dismissing Neate’s objections and affirming the validity of Watts’s final wishes. Pope retained her rightful inheritance under the will.

Read more here.

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