Defending a Contested Will

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

A Practical Guide for Executors and Beneficiaries

When a loved one dies, their will should provide clarity with a smooth distribution of assets and property. But if someone challenges its validity, the process can quickly become stressful and confusing. Whether you are an executor responsible for administering the estate or a beneficiary seeking to protect your inheritance, defending a contested will requires clear strategy, strong evidence, and timely action.

Our panel of highly experienced contentious probate solicitors offer a range of fee structures, including a ‘No Win, No Fee’ option, along with other flexible funding.

Get in touch with our team today to arrange a free consultation.

Why Wills Are Challenged

Will disputes have become increasingly common in recent years in England and Wales. This trend is largely due to growing estate values, complex family structures, and a greater awareness of legal rights often contributing to challenges. However, contesting a will is rarely just about money – relationships, misunderstandings, and emotions often play a significant role.

But, not every challenge has legal merit. A will that was properly drafted, executed, and made by a person who understood what they were doing is usually robust. Your job, as executor or beneficiary, is to show that the will reflects the true intentions of the deceased.

Who Can Challenge a Will?

A person who wishes to challenge a will must have legal standing. This usually includes:

• Children (including adopted children)
• Spouses or civil partners
• Cohabitants who lived with the deceased for at least two years
• Someone financially dependent on the deceased
• Someone named in a previous will
• Someone who would inherit under intestacy rules

If the challenger falls into one of these categories, the next question is whether they have grounds.

Grounds for Contesting a Will

There are several recognised legal grounds on which a will can be challenged. Understanding these is vital when preparing your defence.

Lack of Testamentary Capacity

A will-maker (testator) must understand:

• The nature and effect of making a will
• The extent of their assets
• Who might expect to inherit

If someone disputes the will based on lack of capacity, they must show that the testator suffered from cognitive issues such as dementia, mental illness, or severe confusion at the time the will was signed.

How to defend this claim:
You can defend the will by relying on medical records, witness statements, and the drafting solicitor’s file. A solicitor’s notes often carry considerable weight because they show the testator understood their decisions.

Undue Influence or Coercion

A challenger may argue that someone pressured or manipulated the testator into making the will. This is one of the hardest grounds to prove because undue influence must show coercion strong enough to overbear the testator’s free will.

How to defend this claim:
You should demonstrate that the testator acted of their own free choice. Independent legal advice, private meetings with the solicitor, and the absence of suspicious circumstances strengthen your defence.

Lack of Proper Execution

A valid will must comply with the Wills Act 1837. It must be:

• In writing
• Signed by the testator
• Witnessed by two independent witnesses present at the same time

If someone argues that the formalities were not followed, they may challenge the validity of the will.

How to defend this claim:
You can rely on the solicitor’s evidence, witness statements, and the execution checklist typically used by professionals.

Fraud or Forgery

In rare cases, a challenger may allege that the signature was forged, pages were added or substituted, or the will was created fraudulently.

How to defend this claim:
Defending fraud allegations usually involves handwriting experts, witness testimony, and solicitor records. The burden of proof lies heavily on the person alleging fraud.

Lack of Knowledge and Approval

Even if the testator signed the will, a challenger might argue the testator didn’t understand or approve its contents, especially if:

• The will contains unexpected or unusual provisions
• The testator was vulnerable
• The beneficiary was involved in preparing the will

How to defend this claim:
Again, the solicitor’s file is key. Clear evidence that the will was explained to the testator helps rebut these claims.

Claims Under the Inheritance (Provision for Family and Dependants) Act 1975

This is different from challenging the validity of a will. Instead, the challenger argues that the will failed to provide them with “reasonable financial provision”.

Those who commonly bring these claims include:

• Spouses and civil partners
• Former spouses
• Children (adult or minor)
• Cohabitants
• Financial dependants

How to defend this claim:
You must show that the will made reasonable provision in the circumstances. Factors considered include the size of the estate, the claimant’s needs, and the relationship with the deceased.

What to Do If You Are an Executor Facing a Will Challenge

As executor, your role is neutral. You must protect the estate while the dispute is resolved. Here’s what you should do immediately:

1. Pause the Estate Administration

Do not distribute assets until the dispute is resolved. Distributing too early could make you personally liable.

2. Notify the Estate’s Insurer

Some estates have executor insurance or legal expenses cover. If they do, notify the insurer promptly.

3. Seek Specialist Legal Advice

Will disputes are complex. A solicitor specialising in contentious probate will guide you through disclosure, evidence, negotiation, and, if necessary, court proceedings.

4. Preserve Evidence Early

Collect:

• The drafting solicitor’s file
• Medical records
• Witness information
• Previous wills
• Letters or emails showing the testator’s intentions

Your goal is to show the will is valid and correctly reflects the testator’s wishes.

How Beneficiaries Can Defend a Contested Will

As a beneficiary, you may feel personally invested in defending the will, especially if the deceased made deliberate decisions to protect you.

Here’s what you can do:

1. Support the Executor

Provide any documents or information that may help establish the testator’s mental capacity or independence.

2. Avoid Direct Confrontation

Let the executor and solicitors handle communications. Emotional responses can weaken your position and complicate proceedings.

3. Keep Detailed, Factual Records

If you witnessed the testator’s behaviour, decision-making, or independence, keep written notes that may later assist as evidence.

Strategies for Successfully Defending a Will

1. Rely on Professional Drafting

A will drawn up by a solicitor carries significant legal weight because they follow strict procedures, ensuring validity.

2. Encourage Early Mediation

Courts expect parties to try alternative dispute resolution. Mediation can save time, costs, and emotional strain.

3. Stay Objective

Even if the challenge feels unfair, maintaining a calm, evidence-led approach strengthens your case.

4. Understand the Time Limits

Most claims, especially under the Inheritance Act 1975, must be brought within six months of probate being granted. A challenger who delays may lose the right to claim.

Get in Touch Today

Defending a contested will may feel overwhelming, but the law offers strong protections to ensure a valid will stands. If you are an executor or beneficiary facing a challenge, focus on gathering evidence, seeking specialist legal advice, and approaching the dispute calmly.

We partner with specialist contentious probate solicitors to help you reach a fair resolution.

📞 Contact us today on 0330 818 0351 or complete our online contact form to arrange your free, initial consultation.