Defending a Will
Defending a Will can be a challenging and sensitive process, both emotionally and legally. If a Will is being contested and you are named as a beneficiary or executor, it’s crucial to ensure that the deceased’s true wishes are upheld and that the Will is executed as intended. Our experienced estates lawyers are here to support you through every step of this legal journey.
Our mission is to honour the wishes of your loved one and protect the integrity of their estate against unwarranted challenges.
We act on behalf of Executors and beneficiaries to uphold the validity of Wills and safeguard rightful inheritances from unjust claims.
How we can help you
- Advice on the validity, interpretation and enforceability of the Will
- Strategies to uphold and defend the Will against challenges
- Representation in court to defend the Will’s provisions
- Guidance on the legal grounds for defending a Will
- Clear outline of the defence process
- Setting realistic expectations for potential scenarios and outcomes
- Tailored advice specific to your unique circumstances
- Support and representation throughout the entire process, whether settled in or out of court
Need advice?
We’re just a call or email away.
Our team is here to guide you. Take the first steps towards resolving your legal matter in a smart and efficient way with Solomon Hollett Lawyers.
Client testimonials
From individuals to large or high profile family groups, we’ve supported a wide range of clients in defending the wishes of their loved ones. Whether upholding the validity of a Will, protecting inheritances, or navigating complex estate disputes, we stand by our clients to ensure their legal journey is as smooth as possible. Here’s what some of them have to say.
"What we appreciated most about working with Morgan Solomon was his extraordinary ability to absorb and process information on his feet and cut through peripheral issues. A good lawyer needs to remain calm, collected and outcome focussed throughout a tough negotiation. Morgan ticked all of these boxes, and more. He’s also a wonderful guy and really easy to work with."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"Brandon and the team and SHL were excellent to deal with. Their advice was clear and articulated in a manner that I could understand. They worked to some critical deadlines that I had which was very important. I would highly recommend and will certainly use their services again in the future.
I would like to recommend Brandon Hetherington, Brandon has been amazing. Without his professionalism I probably would of going crazy. He explained everything in layman terms, which was great. Thanks once again, if you need a lawyer this is the place to go."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"Recently we consulted Solomon Hollet Lawyers to deal with some family matters on my behalf. In relation to a will. They were fantastic. Professional right from the start to the end. They made the process very comforting indeed. Originally I got onto them via a way of a 15 minute free phone call which I found on the internet. Jessica Spee was our lawyer and we established an awesome rapport with her.
What was originally thought to be a massive headache for us was made very simple by Jessica.
Her staff were professional and outstanding in their customer service delivery.
Thanks Jessica your a total professional and I cannot highly recommend her and her company enough.
Thanks a heap Jessica"
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"This firm is friendly, helpful and accessible - from the first person that answers the phone, they make you feel welcome and at ease. I had a consultation with Morgan Solomon and cannot recommend him highly enough. His early advice, for which I am incredibly grateful, has most likely saved me from a lengthy and expensive legal battle and many sleepless nights worrying about my situation. Morgan is not only an expert in his field, he is excellent at explaining applicable laws and the pros and cons of different courses of action to his clients. Thank you, Morgan, and everyone at Solomon Hollett Lawyers."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"Andrew Bower represented me in a very messy business partnership dispute. Andrew’s professional conduct, court mannerisms and high quality of work was amazing! His knowledge of the legal system and attention to detail gave me peace of mind every step of the way. The last 12 months have been a stressful legal roller coater ride and in December Andrew put a successful end to that chapter. I would highly recommend Andrew and I cannot thank him enough.
Andrew Bower from Solomon Hollett law firm is an extremely professional, knowledgeable, pro active lawyer that owns the client's problem, and do everything possible to help the client succeed with great care, loyalty, passion and dedication. Strongly recommended.
Andrew's professional advice and guidance has saved our business thousands and a lot of heartache. Highly recommend Andrew and Solomon Hollett Lawyers."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"We had an excellent experience with Annabel at Solomon Hollett Lawyers recently. Annabel helped us out through an estate matter that we wouldn’t have been able to deal with ourselves. She was very professional, helpful and prompt in all of our interactions. I would recommend them very highly."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"We engaged Solomon Hollett to represent us (executors) in a challenging and frustrating Estate matter. We cannot praise both Morgan Solomon and Matthew Gunn highly enough for the extremely professional and understanding approach they took and their attention to detail. Their knowledge of both the law and estate procedures was second to none and their communication skills were outstanding. We settled the matter at mediation thanks in large part to their support and guidance. I would very strongly recommend them."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"I recently employed Craig Hollett when my partner required defence in a complex criminal matter. From the outset of this very difficult journey, Craig’s professional and approachable manner put me at ease. Navigating foreign legal processes was incredibly unnerving, but Craig’s extensive knowledge and patient explanation made the experience far less daunting. Craig was always available to me when I required advice and guidance, which made me feel as though there was someone I could trust in the midst of a great deal of turbulence. Although he was kind and reassuring, Craig was straight down the line and made sure I was fully aware of all possible outcomes, even when it was not what I wanted to hear. The compassion and genuine concern he showed was extraordinary, as was his unwavering performance in court. With Craig’s guidance, we were able to obtain the best outcome we could expect, and I will be forever grateful to him. I could not be more pleased with the service that Craig provided and would not hesitate to recommend him."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"Our experience with Solomon Hollett Lawyers was nothing short of fantastic. We found ourselves in a tough spot when a client unexpectedly canceled a contract early, leaving us hanging with unpaid invoices and other charges for months.
Andrew Bower, came highly recommended from another lawyer and lived up to every expectation. Not only were him and his team incredibly knowledgeable about the intricacies of contract law, but they handled our case with the utmost professionalism and expertise. What truly set them apart was their ability to translate all that legal terminology into layman's terms that we could easily grasp. It made navigating the complexities of our situation a breeze.
Thanks to their guidance and skillful negotiation, we were able to resolve the matter in our favor. We couldn't be happier with the outcome! They consistently deliver exceptional service, demonstrating proficiency at every juncture. Highly recommended!"
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"Very grateful to be able to deal with Morgan and the rest of the team. They ask the right questions, arrive at the best possible solutions and are extremely thorough. Highly recommended for their professionalism and clarity provided."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"The last few months have caused a significant amount of stress for me around an estate matter. I wasn't sure what to expect when I searched for legal assistance since I have never had to use the services of a law firm before. Other Google reviews led me to Solomon Hollett Lawyers where I found Brandon to be very helpful and knowledgeable. Just knowing that he was supporting me in this matter made all the difference and helped to facilitate a positive outcome."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"We are very grateful to Craig for his outstanding work. Craig was highly professional, clear about his role and what he could do for us and he handled our case with an incisive precision. Craig fully and respectfully explained the processes and complexities of the case in a language that made sense to us and he outlined in detail steps that we had to take. What impressed us most was his willingness to understand the complexities of our Church structures and laws and take on board our principles and concerns. We cannot recommend Craig highly enough."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"I highly recommend Solomon Hollett Lawyers and in particular Andrew Bower. I was very anxious about my particular situation and Andrew was extremely helpful and knowledgeable. He put my mind at ease and I was grateful to have him in our corner. He was friendly and approachable and explained everything that was happening each step of the way and was also with us at the hearing which we won. I can’t thank him enough."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"We had a great experience with Brandon from Solomon Hollett. From the first phone call, I could tell that he had a solid grasp of our situation and what we wanted to achieve. He was very helpful and very responsive throughout our dealings with him. He got everything done in a timely way and we're very happy with the result. Definitely recommended! Thanks, Brandon. "
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"Craig was very reassuring from the outset, helping our family out of a building jam we found ourselves in. Andrew was also very proficient. With their help, we achieved what we set out to achieve quickly and efficiently. We will certainly contact Craig and Andrew if needed in the future."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"I highly recommend Matt Gunn and Solomon Hollett lawyers. I had a matter with the executor of my uncles estate. It was highly stressful but Matt not only resolved the issues but was very understanding and professional about it. Many thanks."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"Brandon Hetherington has been an absolute Godsend for us in a very difficult and stressful estate matter, which the Executor had been mishandling and dragging on for many years before we bought Brandon in to act. Prior to this, his advice and guidance kept us sane. All our enquiries were handled promptly and saved us from many sleepless nights. Without his help we would still be in estate limbo. We can't thank Brandon and Jessica Spee enough for their professionalism, empathy and support. They have got us through and we can now finally move on. Hopefully we never need their services again but I wouldn't trust anyone else with such important matters."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"Annabel from Solomon Hollett Lawyers was extremely reliable, helpful and friendly when dealing with myself and my mum regarding our matter. The services provided were professional and timely, and Annabel communicated with us regularly to ensure we were up to date with the progress of our matter. I’d be more than happy to recommend Annabel and Solomon Hollett Lawyers to anyone with estate issues."
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
"Jessica Spee was exceptional helping my partner and I navigating the settlement of our first property. She was incredibly knowledgeable, courteous, punctual and made the which seemed like a daunting task enjoyable .
I would highly reccommend Jessica to anyone and everyone"
The privacy of our clients is important to us, but should you wish, we’re more than happy to provide client first names behind each of the testimonials upon request.
Discover the Solomon
Hollett difference
Personalised legal solutions
We understand the complexities you’re facing when defending a Will. Your needs are unique and nuanced, so we tailor our legal strategies to align perfectly with your specific circumstances, guiding you with precision and dedication every step of the way.
Comprehensive legal knowledge
Rest assured that you’re in capable and experienced hands. Our extensive expertise in estate litigation ensures that we’re equipped to guide you through the most challenging aspects of defending a Will, providing the support you need to uphold your loved one’s wishes.
Client-centric approach
Your peace of mind matters to us. We prioritise clear communication and steadfast support, focusing on securing outcomes that restore your calm and confidence during this difficult time.
Proven track record
Count on us to stand by you. Renowned for our commitment to excellence and a legacy of success in estate litigation, we’re here to protect your interests with proven strategies that work in defending Wills
Accessible and timely legal services
We’re here when you need us. With responsive service and flexible scheduling, we ensure that you receive legal guidance promptly, accommodating your needs and easing your stress during critical times
Transparent and up front
We’re upfront about the cost of what we do, so you know what you are committing to. We focus on the proportion of the fees to the value of the matter, making the return on your investment easy to ascertain from the get-go
How to defend a Will challenge
Frequently
asked
questions
Can’t find what you are looking for?
What does it mean to defend a Will?
Defending a Will involves upholding its validity and ensuring that the deceased’s wishes are honoured. This can include responding to challenges regarding the legitimacy of the Will, such as claims of undue influence, lack of capacity, or improper execution.
Who can defend a Will?
Typically, the Executor of the Will or beneficiaries named in the Will are responsible for defending it against challenges. Who the burden falls to depends on the type of challenge being made. They work to protect the estate’s integrity and ensure that the testator’s wishes are respected.
What is the process for defending a Will in Western Australia?
- Initial consultation: Meet with an estate litigation lawyer to review the challenge and evaluate strength of the claim and the best defence strategy.
- Gather evidence: Collect all relevant documents and evidence supporting the validity of the Will.
- Negotiation and mediation: Attempt to resolve the dispute out of court through negotiation or mediation if possible.
- Prepare for litigation: If necessary, prepare for court by engaging in discovery, preparing witness statements, and compiling evidence.
- Court proceedings: Present your defence in court, where a judge will decide on the merits of the challenge.
What kind of evidence is needed to defend a Will?
Evidence may include:
- Medical records demonstrating the testator’s mental capacity.
- Witness statements confirming the testator’s intentions and the absence of undue influence.
- Documentation proving the Will was properly executed.
- Expert testimony on handwriting or forensic evidence to counter claims of forgery.
Can a Will be defended without going to court?
Yes, many disputes can be settled through alternative dispute resolution methods like negotiation or mediation. These methods are often less costly and time-consuming, but they require willingness from all parties to compromise.
What risks are involved in defending a Will?
- Financial Costs: Legal fees and court costs can accumulate.
- Emotional Strain: The process can be emotionally challenging and may affect family relationships
- Uncertainty: There is always a risk that the court may rule against the validity of the Will.
Do I need a lawyer to defend a Will?
While it is possible to defend a Will without a lawyer, the legal process is complex. An experienced lawyer can navigate the intricacies, present a strong defence, and increase the likelihood of a favourable outcome all while giving you peace of mind.
How can I ensure my Will is defensible?
To make your Will more defensible, consider:
- Regular updates to your Will, especially after major life events.
- Clear documentation of your intentions and reasons for your bequests.
- Professional legal advice during the drafting process.
- Open communication with potential beneficiaries to explain your decisions and reduce the likelihood of disputes.
Can my Will be completely protected from challenges?
While no Will can be entirely immune to challenges, having a well-drafted Will that considers all potential claimants and provides clear, detailed reasoning for your decisions can significantly reduce the risk of successful challenges. Regular updates and professional legal advice are crucial.
Book your free 15 min consultation
Discussing your situation over the phone is often the best way to start, and we’re pleased to offer clients a free 15-minute phone consultation for every inheritance dispute and estate administration or probate matter. This is a great opportunity to let us know more about the assistance you’re seeking, clarify your situation, and allow us to walk you through how best we can help and what’s involved. Our experienced team is here to provide the support and expertise you need.
Fill in your details below
Book your free 15 min consultation
Discussing your situation over the phone is often the best way to start, and we’re pleased to offer clients a free 15-minute phone consultation for every inheritance dispute and estate administration or probate matter. This is a great opportunity to let us know more about the assistance you’re seeking, clarify your situation, and allow us to walk you through how best we can help and what’s involved. Our experienced team is here to provide the support and expertise you need.
Fill in your details below
Do get in touch
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