Defending a Will

Top tier ranked law firm for contentious trusts and probate

Independently accredited by the legal 500 and Chanbers UK

Dedicated team of specialist solicitors

Clear understanding of complex and high value cases

Members of ACTAPS and STEP

Lexcel Legal Practice Quality Mark (The Law Society Accredited)

Supporting your rights in defending a Will

You may be the beneficiary of a Will, but are facing accusations from family members that the will was not valid and that you should not receive what you believe is rightly yours.

Whatever Will disputes you face, we can help resolve them, and help you defend inheritance left to you in a Will when challenges arise.

Why you may need legal advice from an expert in defending Wills

There are many reasons why you might need expert help to defend a Will. As experts in defending Wills, we can help, whatever your circumstances.

What are the main accusations that might be made against a Will?

  • The person making the Will was not of sound mind
    Whilst a loved one may have been suffering with ill health or have been in mental decline, this does not necessarily mean that they did not have the capacity to make a new Will. If accusations are made that your loved one did not have the appropriate level of mental capacity, we can review the circumstances and advise you how to proceed in defending the Will.
  • You are accused of exerting influence over the person making the will
    If you had a close relationship with your loved one and a Will is made in your favour, excluding other family members, then you may find yourself accused of having had some influence over the making of the Will. We can help defend against false allegations made against you and ensure your loved one’s wishes are upheld.

Are there other claims that can be brought?

See our page on Contesting a Will for details of further claims that may be brought. Our expertise in contesting wills ensures that we can provide the best advice when you face challenges and need to defend a Will.

Alternatively, the dispute may not be about whether the Will was valid, but simply that a family member feels that they did not receive a fair share of the estate. We can help.


Our credentials

Amanda Noyce (Band 4) is head of the inheritance and trusts disputes group at Royds Withy King in Bath. An interviewee describes her as “very approachable and understanding,” adding: “I couldn’t recommend her highly enough. She is very thorough with her investigations and covers all angles.” Chambers 2017 UK-wide

“Royds Withy King ‘achieves good results for its clients time and time again’. Amanda Noyce ‘is unflappable’ in Court of Protection applications involving mental capacity issues, as well as Inheritance Act, tax and professional negligence matters.” Legal 500 2016 South West


[The team provided] wise advice throughout and were very clear and honest about costs and the chances of success. Everything I was looking for. I am most grateful.
Mr D Bartlett

FAQs

The time limits that may affect your claim will depend on the type of claim you are looking to bring. Some claims have strict time limits, which may be as short as 6 months after a Grant is obtained from the Probate Registry. However, even if your claim is not subject to a strict time limit, you will want to make sure that the property you are claiming against remains safe and secure. For this reason, whatever the nature of your claim, we recommend getting in touch with us as soon as possible to protect your position.

We like to consider each case before we meet with prospective clients. This aims to ensure that you do not need to pay for unnecessary fees, should we feel that there is not a case worth pursuing.

Please complete the enquiry form, providing us with as much detail as possible. We will then aim to get back to you within 24 hours with a response. We are also happy to have a short no obligation phone conversation with you, in order to understand the case further and advise on the next steps to be taken.

Some can last just a few weeks, but others may, unfortunately, take many months to resolve. Whatever your circumstances, we take an active approach and look for practical solutions to help settle a case as quickly as possible. We’ll treat every case as sensitively and efficiently as possible, always focusing on the best interests of our clients. By aiming to settle your case well before trial, we’ll hopefully save you time, stress and money.

Once we have considered your case we can provide you with advice about the anticipated costs and the options of funding that are available. Your funding options may include:

  • Funding the costs yourself
  • Funding the costs through your legal expenses insurer
  • Funding through a “no win no fee” agreement

Whatever your situation, we’ll make sure to keep you fully informed every step of the way. We try and settle just about every case before it comes to trial, which keeps costs to a minimum and ensures you have as much control over any agreement reached as possible.

 

 


Contact us now to find out how we could quickly and efficiently help you achieve the best results for you.