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
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.
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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.
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.