Defending an estate

We recognise that acting as an executor or beneficiary of an estate facing a challenge can be an unsettling experience. Our solicitors can help you defend against challenges and ensure the protection of the estate.

A number of different challenges can be made against an estate, and they can result in significant disruptions to the administration.

Examples include:

Challenges to the validity of a will
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Applications to remove an executor
Claims for proprietary estoppel

If you’re the executor or beneficiary of an estate which is being challenged, please contact our team to find out how we can help you.

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Did you know?

Record-breaking

Nearly all of our work is confidential but last year we helped a record number of clients resolve their disputes.

Nationwide

We have specialist solicitors across multiple offices, from London to Norwich to Manchester.

Legal directories

The team is proud to be top rated in the legal directories across large parts of the country.

Our expertise

Agricultural inheritance disputes

Contesting the validity of a will

Contentious landed estates

Contentious probate

Disputes concerning charities

Estate, trust and will disputes

Gifts and financial abuse

Proprietary estoppel

Trust disputes

What our clients say about us

Dealing with complex matters but simplifying them so the client can understand is a key strength of Mills & Reeve.
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I am consistently impressed by the quality, intelligence and knowledge of fee-earners and the courteous, professional and civilised manner in which even highly contentious matters are conducted. Highly recommended.
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Mills & Reeve is really efficient in their use of resources. I rate them on complex matters too, especially technical issues and urgent matters. The team is top of the game.
Chambers UK
Excellent quality across the board and across offices nationwide.
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Meet our estate, trust and will disputes team

Lucinda Brown
Partner
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David Catchpole
Partner
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Lucy Howard (Partner)
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Simon Pedley
Partner
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Claims under the Inheritance Act 1975

Understand your rights under the Inheritance Act. Explore our guide for key steps and considerations.

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Disputes in the Court of Protection

Protect your loved one’s rights with expert guidance on capacity, deputyship, statutory wills and more.

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Frequently asked questions

Who can challenge a will?

Anyone with a legitimate interest in an estate can challenge a will. If you wish to contest a will, you should contact our will disputes solicitors as soon as possible.

What are the grounds for challenging a will?

An individual may challenge a will on the following grounds:

The will was invalid due to lack of testamentary capacity, want of knowledge and approval, or undue influence – see our page on contesting a will to learn more
The will was forged and/or created through fraud
The will was not properly executed in accordance with the Wills Act 1937
The will didn't reflect the wishes of the deceased due to a clerical error or the will drafter’s failure to understand the deceased’s wishes
Alternatively, they may claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe that they were inadequately provided for in the will and were financially dependent on the deceased

What arguments can I raise in defence to a challenge to a will?

To defend against a challenge to a will, it may be necessary for you to prove one or more of the following:

That the testator had mental capacity and was not subject to undue influence or duress when making the will
That the will satisfies the requirements of the Wills Act
That the alleged promise of entitlement made to the claimant before death was either not made at all or was not intentional
That the claimant should not be entitled to benefit from the estate or that their entitlement has already been fulfilled

What are the potential costs of defending an estate?

The costs of defending an estate ultimately depend on when the matter settles. Court proceedings are expensive so, where possible, it is always preferable to settle via negotiation or mediation.

If court proceedings are required, the general position is that the loser pays. However, you should proceed on the assumption that you will have to bear your own costs and be wary that, in the event your contest is unsuccessful, you may have to bear the other party’s costs as well as your own.

To help meet the potential costs, we can assist you in exploring potential funding options, including: