Defending Will Disputes: Your Essential ‘Do’s and Don’ts

When a loved one passes away, the expectation is often one of quiet mourning and the orderly distribution of their estate. However, this peaceful process can sometimes be shattered by the emergence of a Will Dispute. Whether you are an executor tasked with upholding the will’s validity, or a beneficiary whose inheritance is being challenged, defending Will Disputes can be a complex and emotionally charged undertaking. At Axis Solicitors, we understand the intricacies of contentious probate and are here to guide you through the essential ‘do’s and don’ts’ to protect your interests and ensure a just resolution.

Defending Will Disputes effectively requires a strategic approach, a thorough understanding of the law, and prompt action. It’s not just about reacting to a claim; it’s about proactively building a robust defence to safeguard the deceased’s wishes and your rightful inheritance. The landscape of Will Disputes in the UK is multifaceted, encompassing a range of grounds for challenge, from allegations of undue influence and lack of testamentary capacity to claims under the Inheritance (Provision for Family and Dependants) Act 1975. Our aim with this guide is to equip you with the knowledge to navigate these challenges with confidence.

Understanding the Grounds for Will Disputes

Before embarking on the defence of a will, it is crucial to understand the common grounds upon which Will Disputes are raised in the UK. A proactive defence strategy for Will Disputes hinges on anticipating and addressing these potential challenges. Ignorance of these points can leave you vulnerable, whereas a comprehensive understanding empowers you to build an impregnable defence.

One of the most frequent reasons for Will Disputes is an allegation of lack of testamentary capacity. This refers to the testator’s (the person making the will) mental ability to understand the nature and effect of signing their will. For a will to be valid, the testator must have been of sound mind, memory, and understanding at the time they executed it. This isn’t merely about having a diagnosed condition like dementia; it’s about whether, at that specific moment, they understood what property they owned, who their beneficiaries were, and the implications of making a will. Defending such Will Disputes often involves gathering medical records, witness statements, and expert medical opinions to demonstrate the testator’s capacity.

Another significant ground for Will Disputes is undue influence. This arises when someone coerced or manipulated the testator into making a will that does not reflect their true wishes. It’s more than just persuasion; it’s about a situation where the testator’s free will was overborne. Proving undue influence can be challenging as it often occurs behind closed doors. Evidence in such Will Disputes might include sudden changes in the will, isolation of the testator, or a disproportionate benefit to the alleged influencer. Defending against such claims requires demonstrating that the testator acted freely and without coercion.

Lack of due execution is a more technical ground for Will Disputes. For a will to be valid, it must comply with specific formalities outlined in the Wills Act 1837. This typically means it must be in writing, signed by the testator (or by someone else in their presence and at their direction), and attested by two witnesses who are present at the same time and who also sign in the presence of the testator. Failure to meet these requirements can render a will invalid. Defending Will Disputes on this ground often involves examining the circumstances of the will’s signing and gathering evidence from witnesses.

Forgery is a less common but extremely serious ground for Will Disputes. This is a direct allegation that the will was not genuinely signed by the testator or that parts of it have been altered without their consent. Defending such Will Disputes often involves forensic handwriting analysis and detailed investigation into the origins and storage of the disputed document.

Finally, claims under the Inheritance (Provision for Family and Dependants) Act 1975 are distinct from challenges to the will’s validity but are a significant aspect of Will Disputes. This Act allows certain individuals (such as spouses, children, or dependants) to make a claim against an estate if the will (or intestacy rules) does not make reasonable financial provision for them. Defending these Will Disputes involves demonstrating that reasonable provision was made, or that the claimant does not qualify for such provision, or that their claim is unreasonable in the circumstances. This often requires a detailed assessment of the claimant’s financial needs, the size of the estate, and the testator’s intentions.

Understanding these foundational grounds for Will Disputes is the first vital step in formulating a robust and effective defence strategy. Each ground requires specific evidence and legal arguments, and a clear grasp of them will allow you to anticipate challenges and prepare accordingly.

The ‘Do’s’ of Defending Will Disputes

When confronted with Will Disputes, taking the correct actions from the outset can significantly bolster your position and increase the likelihood of a successful outcome. These ‘do’s’ represent proactive steps that should be taken to build a strong defence against any challenge to a will.

Do Seek Specialist Legal Advice Immediately: This is arguably the most crucial ‘do’. As soon as you become aware of potential Will Disputes, engage the services of a solicitor specialising in contentious probate. The law surrounding Will Disputes is complex and nuanced. An experienced professional from Axis Solicitors will be able to assess the merits of the claim against you, advise on the best course of action, and guide you through the intricate legal process. Early intervention by legal experts can often lead to a swifter and more favourable resolution, potentially avoiding costly and protracted litigation. They can also help you understand the specific legal framework relevant to your Will Disputes, such as the Civil Procedure Rules (CPR) which govern court proceedings.

Do Gather All Relevant Documents and Information: A strong defence against Will Disputes is built on solid evidence. Begin collecting all documents pertaining to the deceased’s estate and the will in question. This includes the original will and any previous wills, codicils, letters of wishes, financial records, medical records (with proper consent), correspondence, and any attendance notes from the solicitor who drafted the will. Crucially, if the Will Disputes relate to testamentary capacity, obtaining comprehensive medical records of the deceased is paramount. For claims of undue influence, look for any evidence of the deceased’s relationships, their living arrangements, and any significant changes in their behaviour or financial affairs leading up to the will’s execution. The more information you can provide to your solicitor at an early stage, the more effectively they can formulate your defence for the Will Disputes.

Do Preserve the Estate’s Assets: As an executor, you have a fiduciary duty to the estate. In the event of Will Disputes, it is vital to protect the estate’s assets from depreciation or dissipation. Do not distribute any assets until the Will Disputes have been resolved or until your solicitor advises that it is safe to do so. Freezing the estate’s bank accounts, ensuring properties are insured and maintained, and securing valuable possessions are all essential steps. Failure to preserve assets could lead to personal liability for the executor, adding another layer of complexity to the existing Will Disputes.

Do Maintain Clear and Detailed Records: Throughout the process of defending Will Disputes, keep meticulous records of all communications, meetings, decisions, and expenses. This includes emails, letters, phone call summaries, and notes from any discussions with the claimant, other beneficiaries, or your legal team. A well-organised record-keeping system will be invaluable for demonstrating transparency and providing evidence should it be required later in the Will Disputes proceedings.

Do Consider Alternative Dispute Resolution (ADR): Litigation can be expensive, time-consuming, and emotionally draining. For many Will Disputes, exploring alternative dispute resolution methods such as mediation or negotiation can be a highly effective approach. Mediation involves a neutral third party helping the parties reach a mutually agreeable settlement. This can often preserve family relationships, which might otherwise be irrevocably damaged by court proceedings. Your solicitor will advise you on the suitability of ADR for your specific Will Disputes and can represent you during these discussions. A successful mediation can lead to a legally binding settlement agreement, providing a definitive end to the Will Disputes.

Do Be Prepared for Disclosure: In any litigation, including Will Disputes, there will be a process of ‘disclosure’ where both sides exchange relevant documents. Be proactive in preparing for this. Your solicitor will guide you on what needs to be disclosed. Honesty and transparency are paramount; withholding relevant documents can have severe consequences for your case in Will Disputes.

By adhering to these ‘do’s’, you lay a strong foundation for defending Will Disputes, ensuring that you are well-prepared, legally advised, and strategically positioned to navigate the challenges ahead.

The ‘Don’ts’ of Defending Will Disputes

Just as there are crucial ‘do’s’ when defending Will Disputes, there are equally important ‘don’ts’ that, if ignored, can significantly weaken your position, prolong the process, and potentially lead to an unfavourable outcome. Avoiding these pitfalls is essential for a robust defence.

Don’t Delay Seeking Legal Advice: Procrastination is one of the biggest dangers when facing Will Disputes. Limitation periods apply to certain types of claims, such as those under the Inheritance (Provision for Family and Dependants) Act 1975, which typically must be brought within six months of the grant of probate. While this doesn’t directly apply to defending the validity of a will, delays can lead to loss of crucial evidence, witnesses becoming unavailable, or memories fading. Furthermore, early engagement with a specialist solicitor from Axis Solicitors allows for prompt communication with the claimant and a strategic initial response, which can sometimes de-escalate Will Disputes before they escalate further. Ignoring the issue or attempting to handle it yourself without proper legal expertise can lead to costly mistakes and compromise your defence against Will Disputes.

Don’t Communicate Directly with the Claimant Without Legal Advice: While it may seem reasonable to try and resolve Will Disputes amicably directly with the challenging party, doing so without legal counsel is highly ill-advised. Any statements you make, admissions, or offers of settlement could be used against you later in court. Emotions often run high in family-related Will Disputes, and informal discussions can inadvertently prejudice your case. All communication should be channelled through your solicitor, who can ensure that all correspondence is legally sound, strategic, and does not inadvertently harm your position in the Will Disputes. This also protects you from undue pressure or misinterpretations.

Don’t Destroy or Alter Any Documents: This is a fundamental rule in any legal matter, and especially so in Will Disputes. Tampering with or destroying documents, even if you believe them to be irrelevant, is a serious offence that can lead to severe penalties, including adverse inferences being drawn against you by the court. All documents, in whatever format (physical or digital), that are in any way connected to the deceased, their estate, or the will, must be preserved. Your solicitor will advise you on what needs to be disclosed. Transparency and honesty are paramount throughout the defence of Will Disputes.

Don’t Make Unilateral Decisions Regarding the Estate: If you are an executor defending Will Disputes, remember your duty is to the estate and its beneficiaries, not just your personal interests. Do not distribute assets, sell property, or make significant financial decisions concerning the estate without consulting your solicitor and, if possible, obtaining agreement from all parties or a court order. Distributing assets prematurely, especially if the will is later deemed invalid, can lead to personal liability and further complicate the Will Disputes. Always seek professional guidance before taking any action that could impact the estate’s value or its distribution.

Don’t Underestimate the Emotional Impact: Will Disputes are inherently personal and can be incredibly stressful and emotionally draining. It is crucial not to underestimate the emotional toll this process can take on you. While this isn’t a legal ‘don’t’, it’s a practical one: don’t let emotions cloud your judgment or lead you to make rash decisions. Rely on your legal team to handle the legal complexities, allowing you to focus on your well-being. A clear mind will enable you to better assist your solicitors in defending the Will Disputes.

Don’t Assume the Claim Lacks Merit: Even if you firmly believe the challenger’s claim is unfounded, do not dismiss it out of hand. All Will Disputes claims, regardless of how frivolous they may appear, require a professional assessment. A claimant might have a legitimate point you were unaware of, or the legal interpretation of certain facts might differ. Your solicitor will conduct a thorough investigation into the merits of the claim, identifying its strengths and weaknesses, and advising you on the best strategic response to address the Will Disputes effectively.

By consciously avoiding these ‘don’ts’, you can prevent unnecessary complications, maintain the integrity of your defence, and significantly improve your prospects of a successful resolution to the Will Disputes.

The Role of the Executor in Will Disputes

For executors, navigating Will Disputes presents a unique set of responsibilities and challenges. The executor is the person or people named in the will to manage the deceased’s estate and carry out their wishes as expressed in the will. When Will Disputes arise, the executor’s role shifts from a straightforward administrative task to a more complex legal defence. Understanding this pivotal role is fundamental to effectively defending Will Disputes.

Upholding the Validity of the Will: The primary duty of an executor, when faced with Will Disputes challenging the validity of the will, is to uphold and defend its authenticity. This means taking all reasonable steps to demonstrate that the will was properly executed, that the testator had the necessary testamentary capacity, and that they were not subjected to undue influence. This often involves commissioning expert reports, gathering witness statements from those present at the will’s signing, and providing detailed information about the testator’s state of mind and circumstances. For instance, if claims of undue influence are made, the executor will need to gather evidence to show that the testator acted independently. Their role is to ensure the true wishes of the deceased, as laid out in the will, are respected and legally enforced, even in the face of contentious Will Disputes.

Acting Impartially: While an executor’s duty is to the estate, they must act impartially, even if they are also a beneficiary. This can be a particularly challenging aspect of defending Will Disputes, especially when family dynamics are involved. The executor must avoid any actions that could be perceived as favouring one beneficiary over another or as acting in their own self-interest rather than that of the estate. All decisions made during the course of the Will Disputes must be justifiable and in the best interests of the estate as a whole. This impartiality extends to gathering evidence and presenting information to the court; an executor must not suppress evidence that might be detrimental to their personal position but relevant to the Will Disputes.

Preserving Estate Assets: As discussed in the ‘do’s’, executors bear the crucial responsibility of preserving the estate’s assets. During Will Disputes, this becomes even more critical. No distributions should be made without legal advice, and all assets must be protected from loss, damage, or devaluation. This might involve maintaining insurance, managing investments, and securing physical property. Any actions taken regarding the estate’s assets should be documented meticulously. This is a core duty and a failure to adequately preserve assets could lead to personal liability for the executor should the Will Disputes be resolved unfavourably.

Communicating with Parties (via Solicitors): While direct communication with claimants is generally advised against, executors have a responsibility to communicate with all beneficiaries and interested parties through their solicitors. This ensures transparency and keeps everyone informed about the progress of the Will Disputes. Your solicitor at Axis Solicitors will manage this communication, ensuring that all correspondence is legally appropriate and protects your position as executor.

Cooperating with Legal Proceedings: Executors must fully cooperate with the legal process involved in Will Disputes. This includes providing prompt and accurate information to their solicitors, complying with court orders, attending hearings if necessary, and providing disclosure of relevant documents. Failure to cooperate can result in adverse orders from the court and prolong the Will Disputes.

Seeking Directions from the Court: In complex Will Disputes, or when there is uncertainty about the best course of action, an executor can apply to the court for “directions.” This provides clarity on how to proceed and offers a level of protection against personal liability, as the executor will be acting under a court order. This is an important mechanism for executors facing particularly challenging Will Disputes.

The role of an executor in Will Disputes is demanding and carries significant legal responsibilities. It is precisely why engaging specialist contentious probate solicitors is not just advisable but often essential. Axis Solicitors can guide executors through every stage of the Will Disputes, ensuring their duties are fulfilled correctly and their interests, and those of the estate, are robustly defended.

The Importance of Evidence in Will Disputes

In any legal battle, evidence is king. This truth is amplified in Will Disputes, where the outcome often hinges on the quality, relevance, and authenticity of the information presented. Building a strong defence against Will Disputes requires a meticulous approach to identifying, gathering, and presenting compelling evidence.

Understanding What Constitutes Evidence: In the context of Will Disputes, evidence can take many forms. It includes:

• The Will Itself and Any Previous Wills: The original document is paramount. Any alterations, erasures, or irregularities will be scrutinised. Previous wills can provide insight into the testator’s intentions and whether a change in the latest will is consistent or a significant deviation.
• Solicitor’s File and Attendance Notes: If a solicitor prepared the will, their file will contain crucial information. This includes attendance notes from meetings with the testator, records of instructions given, and any advice provided. These documents can be particularly strong evidence against claims of lack of capacity or undue influence, as they often detail the solicitor’s assessment of the testator’s state of mind and independence.
• Medical Records: For Will Disputes concerning testamentary capacity, the deceased’s medical history is vital. Records from doctors, hospitals, and care homes can provide insights into their cognitive function, diagnoses of conditions like dementia, and their general mental state around the time the will was made. Expert medical opinions may also be sought based on these records.
• Witness Statements: Statements from individuals who interacted with the deceased, particularly around the time the will was made, can be highly persuasive. This includes family members, friends, carers, medical professionals, and crucially, the attesting witnesses to the will. Their observations on the testator’s mental state, their relationships, and any perceived influence can be invaluable in Will Disputes.
• Financial Records: Bank statements, property deeds, investment portfolios, and other financial documents can shed light on the testator’s assets and any significant changes in their financial behaviour or gifts made that might relate to claims of undue influence or lack of financial provision.
• Correspondence: Letters, emails, text messages, or even diary entries from the deceased or other relevant parties can provide contextual information, intentions, and potentially reveal instances of coercion or a lack of understanding.
• Photographs and Videos: While less common, any visual media depicting the deceased around the relevant time might offer insights into their physical and mental condition.
• Expert Evidence: Beyond medical experts, forensic handwriting experts can be crucial in forgery Will Disputes. Other experts, such as geriatric psychiatrists, might be called upon to provide an independent assessment of testamentary capacity.

The Role of Evidence in Specific Will Disputes:

• Lack of Testamentary Capacity: Medical records and witness statements about the testator’s cognitive abilities, memory, and understanding are critical. Solicitor’s attendance notes detailing assessments of capacity are also paramount.
• Undue Influence: Evidence here is often circumstantial. It involves demonstrating a combination of factors: the testator’s vulnerability, the influencer’s opportunity and disposition to influence, and a transaction (the will) that is not easily explained by normal motives. Witness statements about the testator’s isolation, changes in behaviour, or direct evidence of pressure are key.
• Lack of Due Execution: Witness statements from the attesting witnesses are crucial to confirm that the will was signed correctly, in the presence of two witnesses, and that the witnesses signed in the testator’s presence.
• Forgery: Forensic handwriting analysis is the primary form of evidence, comparing the signature on the disputed will with known authentic signatures of the deceased.
• Inheritance Act Claims: Financial records of both the deceased and the claimant, alongside evidence of the claimant’s relationship with the deceased and their needs, form the core evidence.

Gathering and Preserving Evidence:

As highlighted in the ‘do’s’, proactively gathering all relevant documents is essential. It is equally important to preserve this evidence. Do not discard anything, and ensure digital records are backed up. Your solicitor at Axis Solicitors will assist you in identifying what evidence is needed and how to obtain it, including serving formal requests for disclosure where necessary.

Mediation and Alternative Dispute Resolution in Will Disputes

Litigation in court can be a lengthy, expensive, and emotionally taxing process, especially in the context of Will Disputes which often involve family members. For this reason, Alternative Dispute Resolution (ADR) methods, particularly mediation, are increasingly favoured and often encouraged by the courts as a means of resolving Will Disputes. Understanding these options is a crucial part of defending Will Disputes effectively.

What is Alternative Dispute Resolution (ADR)?

ADR refers to a range of processes that allow parties to resolve their disputes without going to court. For Will Disputes, the most common forms of ADR include:

• Negotiation: This is the most informal method, where parties (usually through their solicitors) communicate directly to try and reach a settlement.
• Mediation: A structured process where a neutral, independent third party (the mediator) facilitates communication and negotiation between the parties to help them reach a mutually acceptable agreement. The mediator does not impose a decision but helps the parties explore solutions.
• Early Neutral Evaluation (ENE): An independent expert provides a non-binding opinion on the likely outcome of the case if it were to proceed to court. This can help parties assess the strengths and weaknesses of their positions in Will Disputes and encourage settlement.

Why Consider Mediation for Will Disputes?

Mediation offers several significant advantages when facing Will Disputes:

• Cost-Effectiveness: Court proceedings for Will Disputes can incur substantial legal fees, court fees, and expert witness costs. Mediation is typically less expensive, as it avoids many of these outlays.
• Time-Saving: The court system can be slow, with cases taking many months or even years to resolve. Mediation can often lead to a resolution in a matter of days or weeks, providing a much quicker end to the uncertainty of Will Disputes.
• Confidentiality: Court hearings are generally public. Mediation, however, is a private and confidential process. This can be particularly beneficial for Will Disputes that involve sensitive family matters, allowing discussions to take place without public scrutiny.
• Preservation of Relationships: While Will Disputes can severely strain family relationships, mediation offers a chance to communicate and find common ground. This can help preserve relationships that might otherwise be irrevocably damaged by adversarial court proceedings.
• Flexibility and Control: In mediation, the parties retain control over the outcome. They can craft creative solutions that a court might not be able to order. This flexibility can lead to more satisfactory and bespoke resolutions for complex Will Disputes.
• Higher Compliance Rates: Agreements reached through mediation are often more readily adhered to by the parties because they have actively participated in creating the solution, rather than having one imposed upon them by a judge. This can lead to a more stable resolution of Will Disputes.

The Mediation Process in Will Disputes:

Typically, a mediation for Will Disputes involves:

1. Preparation: Both parties and their solicitors prepare by gathering relevant information and identifying their key interests and desired outcomes.
2. Opening Statements: Each party, or their solicitor, briefly presents their view of the Will Disputes to the other side and the mediator.
3. Joint Sessions and Private Caucuses: The mediator will facilitate discussions in joint sessions, but also hold private sessions (caucuses) with each party individually. This allows parties to speak frankly and confidentially with the mediator.
4. Negotiation and Exploration of Options: The mediator helps the parties explore various settlement options, identify common ground, and overcome impasses.
5. Settlement Agreement: If an agreement is reached, it is usually formalised into a legally binding document, such as a Tomlin Order, which brings the Will Disputes to a definitive close.

Court’s Stance on ADR for Will Disputes:

The UK courts actively encourage ADR for Will Disputes. Parties who unreasonably refuse to engage in ADR can face cost penalties, even if they ultimately win their case in court. This judicial emphasis underscores the importance of seriously considering mediation as a viable pathway to resolve Will Disputes.

At Axis Solicitors, we have extensive experience in representing clients in mediation for Will Disputes. We will advise you on whether mediation is suitable for your specific circumstances and provide expert advocacy to protect your interests throughout the process. Embracing ADR can often lead to a more efficient, less stressful, and more cost-effective resolution of Will Disputes.

FAQs on Will Disputes

Q1: What are the most common reasons for Will Disputes in the UK?

The most common reasons for Will Disputes in the UK revolve around challenges to the validity of the will or claims for financial provision. Key grounds include:

• Lack of Testamentary Capacity: The deceased did not have the mental ability to understand the will they were making.
• Undue Influence: The deceased was pressured or coerced into making the will.
• Lack of Due Execution: The will was not signed and witnessed correctly according to legal formalities.
• Forgery or Fraud: The will was falsified, or the deceased was deceived into signing it.
• Lack of Knowledge and Approval: The deceased signed the will but did not truly know and approve of its contents.
• Inheritance (Provision for Family and Dependants) Act 1975 Claims: Certain family members or dependants claim the will (or intestacy rules) does not make reasonable financial provision for them. These are significant areas of Will Disputes.

Q2: How long do I have to dispute a will in the UK? 

The time limits for Will Disputes vary depending on the specific grounds for the challenge:

• For claims under the Inheritance (Provision for Family and Dependants) Act 1975, the application must generally be made within six months from the date of the Grant of Probate (or Letters of Administration if there’s no will). This is a strict deadline for these types of Will Disputes.
• For challenges to the validity of the will itself (e.g., lack of capacity, undue influence, forgery), there isn’t a strict statutory limitation period. However, it is always advised to act as quickly as possible. Delays can prejudice a claim or defence due to loss of evidence, fading memories, or the distribution of the estate. Courts may also look unfavourably upon significant delays when dealing with Will Disputes.

Q3: Can a Will Dispute be resolved without going to court? 

Yes, absolutely. In fact, most Will Disputes are resolved outside of court through Alternative Dispute Resolution (ADR) methods. The most common and effective method is mediation, where a neutral third party helps the parties negotiate a settlement. Negotiation between solicitors is also very common. The courts actively encourage ADR for Will Disputes due to its benefits in terms of cost, time, and preserving relationships. Engaging in ADR can often lead to a more amicable and bespoke resolution to Will Disputes.

Q4: What happens if an executor is also a beneficiary in a Will Dispute? 

If an executor is also a beneficiary, they still have a primary duty to uphold the will and act impartially in the best interests of the estate as a whole, rather than their personal beneficiary interest. This can be a challenging position. It is crucial for such executors to obtain independent legal advice from specialist contentious probate solicitors. If there is a conflict of interest that cannot be managed, the executor may need to step down, or the court may remove them, to ensure the fair administration of the estate during Will Disputes.

Q5: What evidence is important when defending Will Disputes? 

Robust evidence is crucial when defending Will Disputes. Key evidence includes:

• The original will and any previous wills.
• The solicitor’s file relating to the will’s preparation, including attendance notes.
• Medical records of the deceased, especially for claims of lack of capacity.
• Witness statements from those present at the will’s signing, or who knew the deceased well.
• Financial records of the deceased.
• Correspondence (emails, letters, texts) from or to the deceased.
• Expert reports, such as forensic handwriting analysis for forgery claims, or medical opinions. Gathering and preserving all relevant evidence is a critical ‘do’ when facing Will Disputes.

Q6: What are the potential costs involved in Will Making and Will Disputes? 

The costs of Will Disputes can be significant and vary widely depending on the complexity of the case, whether it settles early, and if it proceeds to a full court hearing. Costs include legal fees, court fees, and potential expert witness fees. If a case goes to court, the losing party is typically ordered to pay a significant proportion of the winning party’s legal costs. However, in Will Disputes involving the validity of a will, costs may sometimes come from the estate, especially if there were reasonable grounds for the dispute. Your solicitor at Axis Solicitors will discuss funding options and will clarify how much is the cost of Making a Will and  Will Disputes.

Q7: Can I distribute the estate assets if there are Will Disputes? 

No, you should not distribute estate assets if there are ongoing Will Disputes. As an executor, you have a duty to preserve the estate. Distributing assets prematurely can lead to personal liability if the will is later deemed invalid or if a claim under the Inheritance Act is successful. It is imperative to seek legal advice from your solicitor at Axis Solicitors before taking any steps to distribute the estate when facing Will Disputes. Your solicitor will advise when it is safe to proceed, often after a settlement agreement or court order has been made.

Q8: What is a ‘Caveat’ in the context of Will Disputes? 

A caveat is a legal notice entered at the Probate Registry. It prevents the Grant of Probate from being issued, which effectively halts the administration of the estate. This is often the first step taken by someone who intends to challenge a will or raise Will Disputes. If you are an executor and discover a caveat has been entered, it means someone is blocking the probate process, and you should seek immediate legal advice on how to address these Will Disputes.

Q9: What is the ‘golden rule’ in Will Disputes related to capacity? 

The ‘golden rule’ is a principle for solicitors drafting wills for elderly or seriously ill testators. It suggests that in such cases, the will should be witnessed or approved by a medical practitioner who has satisfied themselves about the testator’s testamentary capacity and recorded their examination. While not a legal requirement, adhering to the golden rule significantly strengthens the will against later Will Disputes based on capacity, as it provides strong contemporaneous evidence of the testator’s mental state.

Involved in Will Disputes? We Have You Covered.

If you are facing an issue concerning will disputes, do not hesitate to contact Axis Solicitors today for a confidential consultation. Our specialist team is ready to protect your interests and guide you through every step of the process.