Defending a Will

The death of a loved one is an emotional and difficult time. After suffering a bereavement, having a will or estate challenged can cause even further distress, as well as being both time-consuming and expensive.

At PDA Law, we have a wealth of experience in helping our clients defend a will, so you can rest assured you are receiving only the highest-quality legal advice during your case. We can advise you on the basis of the challenge, whether or not it is valid and how the court would be likely to deal with it.

Our expert team of wills and probate solicitors is on hand to provide help and advice. If you need to defend a will, talk to PDA Law for a free no obligation consultation. Call today on 01244 373 373 or complete our online contact form and we will be in touch as soon as possible.

Our Services

Often the first sign of a contested will is learning that someone has lodged a caveat, which is a written notice that prevents the issue of a grant and stops the administration of the estate. If you’ve received a caveat, it is important that you seek legal advice from the very start. Our solicitors will provide you with help and advice when taking steps to remove the caveat in hopes that the administration can continue.

There are several different types of challenges to a will, including:

  • Inheritance Act claims – an individual claims that the Will hasn’t made reasonable financial provision for them.
  • Claims for rectification of a Will – those responsible for preparing the Will have either misunderstood their instructions or have made a clerical error.
  • Proprietary estoppel – an individual claims that the deceased promised them assets which were not given to them in the Will.
  • Lost Wills – where an original Will has been lost or destroyed
  • Validity claim – the deceased either didn’t possess the mental capacity to write the Will at the time, didn’t understand its terms or was coerced into writing it.
  • Forgery or fraud – the Will was made without the deceased’s knowledge

No matter what kind of challenge to the will you are facing, there are several ways in which we can help you to defend it:

  • Ascertain whether the individual making the claim has any legal standing to do so
  • Determine whether the claim has any substance
  • Discuss all of your options for dealing with the challenge
  • Suggest the best course of action for you to take

Why PDA Law?

Led by respected solicitor, Elainne Lawrie, our specialist wills and probate team has successfully dealt with a large range and number of cases.

Our team will provide you with straightforward, tailored advice that you and your family can follow in order to successfully defend a will against a claim.

Contact our Wills and Probate team

To speak to a member of our wills and probate team, simply call 01244 373 373, or complete our online contact form and we will get in touch with you at a convenient time.