How to defend a disputed Will

Defending a claim made against an estate

Preserving the value of the estate

You may have recently heard that someone is making a claim against the estate of your loved one. This will undoubtedly leave you anxious at an already upsetting time.

Whether you're set to benefit from an estate, or are the appointed executor of one, we're able to defend a claim against an estate and protect its value. Throughout this period we can support you with clear, impartial advice on where you stand.

I'm expecting to receive a gift from an estate, but somebody is challenging it, what can I do?

If someone else makes a claim against the estate, it can affect the gift you were expecting to receive under the will or intestacy rules.

If you expected to receive 25% of the estate, but someone else has made a legal claim which goes unchallenged, this will reduce the size of the 25% share.

What can I do if a claim is being made against me for my role as an executor?

Executors play an important role in dealing with the estate of the deceased. The role of the executor brings about several responsibilities. Executors have a duty to:

  • Collect and preserve the estate
  • Pay the debts of the estate
  • Distribute it according to the will

A claim against an executor should be on the failure to perform any of these.

an executor, you may also find that someone has made a claim against the estate and this will obviously affect how the estate is distributed. In circumstances like this it is important to seek legal advice so you can make the right decision for the estate. Doing so will also protect you from any action taken against you for not administering the estate properly.

What can I do if the claim could have been avoided?

Sometimes a claim against the estate could have been avoided, but because of an error by the person who drafted the will, you've received a smaller gift from the estate than anticipated.

In circumstances like this it may be possible to make a claim against the person who drafted the will.

Get in touch for a chat about how we can help you by filling in our quick, no obligation enquiry form and we will call you back or you can call us directly on freephone: 0808 129 3320.

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Robert Godfrey | Partner, Dispute Resolution | Simpson Millar LLP

Robert Godfrey
Partner, Dispute Resolution

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