Defending A Will – Who Can Challenge?

If you are an executor of a Will and you face a legal challenge against the estate or the Will is contested, you will probably feel out of your depth with the legal implications of the challenge. We know that it will be difficult to find yourself in this position, but we can help you to be clear about what your next steps should be and in addition, offer you assistance with the situation.There are a number of issues which need to be addressed by an executor if a challenge is made or the Will is contested. You need to establish whether there is a valid challenge as only certain people are allowed to contest a Will. They are:

  • Husband or wife
  • Former husband or wife
  • Civil partners
  • Children, including adult children
  • Step children
  • Grand children
  • Anyone who was previously maintained by the deceased, either partly or fully
  • Anyone who was in a close personal relationship with the deceased for 2 years prior to their death

Any claim against an estate has to be made within a certain time period, or else it is not valid. Even if a claim is made against an estate by a person who is allowed to challenge, if the claim is not made in time, it will not be allowed to proceed.

How Can HH Legal Help You?

If you are facing a challenge to an estate or a contest to a Will, you will need to establish that there is a valid claim and we can help you do that. If you do not act swiftly and properly, this may cause problems for you personally as executor.

We can help you to understand the position you are in as executor and the implications of this and offer you proper advice on what you need to do next.

The law is complicated and we know it can be difficult to understand, so we will only discuss your situation using absolutely no legal jargon. No matter where you are in England and Wales (the legal system is different in Scotland and Northern Ireland), we will help you to try to find a solution.

Let us help you to bring this legal challenge to a close as quickly as possible so you can complete your duties as the executor.

Worried About Costs?

You will probably be concerned about how much it will cost to get legal advice, but we offer everyone the opportunity to speak to us free of charge for an initial consultation. This enables us to advise you on where you stand and for you to get to know us and feel comfortable with us too.

We can then talk to you about the options for funding.