Defending a Will

Being an executor or a beneficiary of a Will can become problematic if an individual decides to contest or challenge the Will. The death of a loved one is an incredibly challenging and distressing time, which can be made more stressful where a dispute exists.

We can assist you throughout the process of defending a Will and are here to provide professional advice and guidance on your legal rights, while also promising the utmost sensitivity.

Why do I need to defend the Will?

If you are a beneficiary, you may stand to lose out should an individual decide to contest the Will. There are many ways a claim may be made, including an Inheritance Acts claim from a spouse or dependent who feel they have been unfairly represented in the Will or a Proprietary Estoppel claim, where an individual did not receive what was promised to them by the deceased.

If you are an executor, an application may be made to remove you if an individual believes you have mis-managed the estate of the deceased.

Why is the executor responsible for defending the Will?

You are given legal responsibilities when named as the executor to a Will, which means you must adhere to certain probate procedures. Failure to comply to these responsibilities could lead to legal issues or legal action.

In cases where an individual has made a claim against the Will for which you are executor, you must act as you are required to by law, which is why we recommend seeking the advice of a professional. Our team of experts can help you to fully understand your legal position and assess whether the individual contesting the Will is legally entitled to do so.

For support and jargon-free advice on the above, please contact our specialists on 0800 988 0777.