How Can I Defend a Contested Will as an Executor or Beneficiary?

INTRODUCTION

Generally, a Will is challenged or contested because the Beneficiaries or Executors are:

• Unhappy with how assets are allocated.
• Certain people are left out.
• The Will's legality is questioned.

If you are a Beneficiary or Executor of a contested Will, this can be a frustrating experience. Not only does contestation slow down the entire estate administration process until the challenge is resolved, but there's a risk that your Beneficiary entitlements could diminish or be removed entirely.

It's therefore vital to know what actions you can take to defend your position effectively.

In this article, we describe below a general procedure for resolving such challenges under English law, beginning with determining common grounds for a Will contest.

REASONS FOR CONTESTING A WILL

There are several reasons why a Will could be contested, including but not restricted to the following cases:

• Disagreements regarding Beneficiary or Executor status (contested Will defence).

• Contentious probate matters, such as disagreements over estate administration.

• Allegations of negligent advice given during the writing of the Will.

• Accusations of unethical control over the Will or financial abuse.

• Concerns regarding the deceased individual's ability to handle their financial affairs (financial deputyship).

• Claims of incapacitation, fraud, or forgery.

• Lack of testamentary capacity.

• Inconsistencies pertaining to pre-death agreements.

• Trust disputes, including the dismissal of a Trustee.

• Exclusion from the Will of expected parties.

• Unfair asset distribution or undue influence.

KEY STEPS WHEN DEFENDING A CONTESTED WILL

1. Seek Advice

It's always important to clarify your rights and obligations as an Executor or Beneficiary. And since you don't always know what you don't know, it's best to seek professional advice.

Squiggle can lay out the options for you in terms of assessing the strengths and weaknesses of your case, as well as help you understand your rights and obligations. In the first instance, feel free to reach out to us through any of the points of contact at the bottom of this article.

Sometimes, we may refer you to one of our solicitor partners in cases where things are more blurry or when we feel you need to start preparing a legal defence.

2. Collect Evidence

To reinforce your case, you'll need to collect any evidence. Squiggle can advise you how to pull together this evidence, which usually includes (but is not limited to) the following:

• Financial records
• Medical records
• (Signed) witness statements
• Other relevant documentation

Need to know more or you’d like to discuss your options?

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