Last Updated on April 22, 2026 by tanya

How Do You Defend a Contested Will?

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Protect an Estate from a Challenge

If you’re an executor or beneficiary and someone challenges a loved one’s will, your focus would be ‘how do you defend a contested will?’.  If this happens, family relationships easily become strained, emotions may run high and having to defend a contested will may seem overwhelming and intimidating. However, contesting a will doesn’t automatically mean the challenge will succeed. With the help of an experienced contentious probate solicitor, such a dispute may be resolved without even having to go to court.

Our team partners with a panel of specialist contentious probate solicitors who can help you navigate the situation calmly and effectively.  They offer a range of fee structures, including ‘No Win, No Fee’ agreements along with other flexible funding.

To get started, contact our team now for your free, initial consultation.

 

What Does It Mean When a Will Is Contested?

A will is contested when someone questions whether it is valid or fair. Instead of accepting the will as written, they argue that something went wrong in how it was made. This may be either legally, practically, or emotionally. Challenging a will simply means the will enters a dispute process until the issue is resolved by agreement or the court.

 

Who Can Challenge a Will?

In England and Wales, not just anyone can challenge a will. People who usually have legal standing include:

 

• Close family members
• A spouse or civil partner
• Someone named in a previous will
• Someone who lived with or depended on the deceased
• Financial dependants
• People who believe they were promised something that is not in the will

 

If a person has no financial or relational connection, they typically cannot bring a challenge.

 

Why Someone Might Contest a Will

Many will disputes arise from emotional or relational issues rather than technical legal problems. Common reasons may include:

 

• Long-standing family conflicts
• Disappointment or unmet expectations
• Misunderstandings about the deceased’s wishes
• Belief that one person influenced the will unfairly
• Surprise changes in the most recent version of the will

 

These tensions can often surface after someone dies, when communication becomes harder and emotions intensify.

 

Legal Grounds for Contesting a Will

However, to succeed a challenger must rely on specific legal grounds. These may include:

 

Lack of Testamentary Capacity

The challenger may claim the person who made the will lacked the mental capacity to understand what they were doing. This usually involves questions about memory loss, dementia, or confusion around the time the will was signed.

 

Undue Influence or Pressure

A person may allege that someone pressured, manipulated, or coerced the deceased into making the will. This claim focuses on whether the deceased acted voluntarily.

 

Lack of Proper Execution

Wills must follow strict legal rules. If the will wasn’t signed correctly or the witnesses were not present as required, the challenger may argue it’s invalid.

 

Fraud or Forgery

A will can be challenged if someone believes the document was tampered with, altered, or forged.

 

Lack of Knowledge and Approval

This means the deceased may not have fully understood or approved of the contents of the will, even if they had capacity.

 

Claims for Reasonable Financial Provision (Inheritance Act 1975)

Certain people, such as spouses, children, or dependants, can claim they haven’t been left enough to live on. These claims don’t dispute the will’s validity – only whether it provides reasonable financial support.

 

How to Defend a Contested Will as an Executor

If you’re the executor, your job is to stay calm and protect the deceased’s wishes. Here’s how to respond effectively:

 

Pause distribution Stop distributing assets until the dispute is resolved. This prevents complications and protects you legally.

 

Collect evidence Gather medical records, solicitor notes, witness details, letters, emails, and previous wills. These materials help show the will is valid.

 

Involve the drafting solicitor The solicitor who prepared the will can offer vital information about capacity, instructions given, and the signing process.

 

Stay neutral Even if you have personal feelings, you must act impartially. Your duty is to the estate and not the disputing parties.

 

How Beneficiaries Can Protect Their Inheritance

Beneficiaries can also play an important role in defending the will:

 

Support the executor Work cooperatively with the executor rather than adding pressure or conflict.

 

Avoid emotional confrontation Arguments can inflame the situation and make settlement harder.

 

Keep useful records If you have emails, texts, letters, or other documents showing the deceased’s intentions, keep them safe. They may help strengthen the estate’s position.

 

What Evidence Helps Defend the Will?

The stronger the evidence, the easier it becomes to defend the will. Helpful evidence includes:

 

• Medical records from around the time the will was made
• Notes and emails from the solicitor who drafted the will
• Witness statements from people present during the signing
• Previous versions of the will
• Financial records that show the person’s independence
• Letters, texts, or emails from the deceased expressing their intentions

 

This evidence can help to build a strong picture of the deceased’s state of mind and decision-making.

 

Can You Settle a Will Dispute Without Court?

Yes, most will disputes settle without ever reaching a courtroom. Mediation is a common approach that allows both sides to negotiate privately. It saves time, reduces stress, and avoids the high costs of litigation. Mediation also offers flexibility, helping families reach outcomes that the court might not consider.

However, if settlement fails, the dispute may proceed to court. A judge will review evidence, hear witnesses and consider expert opinion before deciding whether a will is valid.

While court can feel daunting, it often brings clarity when parties cannot agree.

 

How to Reduce Stress During a Will Dispute

A will challenge can be emotionally exhausting, but the following steps can help:

 

• Stay organised—keep documents in one secure place
• Rely on professional advice rather than assumptions
• Communicate clearly and calmly with family members
• Take breaks from the process when needed
• Seek emotional support from friends, counsellors, or support groups

 

Recognising the stress and addressing it early can make the journey more manageable.

 

When to Get Legal Advice

Contentious probate is a complex area of law. You should seek legal advice when:

 

• The challenge raises serious legal grounds
• You’re the executor and feel overwhelmed
• Family conflict is escalating
• You’re unsure how to gather or present evidence
• The financial stakes are high

 

Early legal advice prevents mistakes and ensures you follow the correct procedures.

 

Key Takeaways For You

• A will is contested when someone disputes its validity or fairness.
• Only certain people can challenge a will in England and Wales.
• Challenges arise from both emotional and legal reasons.
• Executors must stay neutral, pause distribution, and gather evidence.
• Beneficiaries can help by staying calm and supportive.
• Strong evidence is essential to defending the will.
• Most disputes settle through mediation.
• Legal advice becomes crucial when complexity or conflict increases.

 

Free Consultation – Get Legal Advice Today

Reaching out to a trusted claims company can make all the difference during this emotional time. At First Personal Injury, we will ensure you receive all the support you need. 

Call us at 0333 358 2345 or contact us online at First Personal Injury to arrange your free consultation.