Defending A Will

If you are a beneficiary or an executor facing a challenge to a will, it is vital to receive early advice. Defending a will dispute requires clear understanding of the allegations, the evidence available, and your duties to the estate. Our dedicated team provides practical, strategic advice to protect your position and ensure the wishes of the deceased are upheld wherever possible.

When might a will be challenged?

A will may be contested on grounds such as:

Lack of testamentary capacity
Undue influence
Lack of knowledge and approval
Improper execution
Fraud or forgery
Failure to make reasonable financial provision

We assess the allegations carefully and advise on the best way to respond.

What is the process for defending a will?

Reviewing the claim: We examine the allegations and consider the available evidence.

Gathering information: This may include previous wills, solicitor attendance notes, medical records and witness evidence.

Responding to the claim: We prepare a clear, robust response setting out your position.

Negotiation and mediation: We explore opportunities for early settlement where appropriate.

Defending court proceedings: If litigation is unavoidable, we will represent you throughout the process.

I’m an executor. What are my duties as an executor?

Executors must act impartially and in the best interests of the estate. If a dispute arises, you are responsible for:

preserving estate assets
engaging with the claim
providing relevant information and documents
ensuring the estate is not distributed prematurely

We guide executors through every step and help manage the process efficiently.

Who pays the legal costs?

Costs depend on the nature of the dispute and the court’s discretion. In some cases, the estate may contribute to costs. In others, costs follow the result of the claim.

Who pays the costs of defending a will?

Why choose Hugh James?

We have extensive experience acting for beneficiaries, executors and trustees in defending challenges to wills of all values and complexities. Our approach is:

balanced and fair but robust
firmly protective of your interests
focused on early resolution where appropriate

Recent experience

Defended an executor in a contested will dispute where the claimant sought to challenge the will on grounds of undue influence; achieved an early negotiated outcome that preserved estate value.
Advised a corporate executor on responding to multiple challenges to a will involving blended family dynamics and competing claims, securing withdrawal of several spurious allegations.
Represented beneficiaries defending allegations of lack of capacity in the context of a high-profile estate with international connections and complex asset structures.

A natural and dynamic leader’, the ‘very impressive’ Roman Kubiak heads the firm’s Private Wealth Disputes team and is noted for his ‘deep knowledge of estates and trusts law’.

The Legal 500

Roman Kubiak is described by a client as “tremendously capable, he knows what he is doing. He’s a national figure.” Another source adds: “Roman is exceptionally knowledgeable, he is very pragmatic and very solution-oriented.”

Chambers & Partners

The team is described as “very prepared, very organised, very easy to deal with,” by a source, who adds: “They turn things around quickly, and are also very on the ball.”

Chambers & Partners

[Hugh James’] private wealth group is appreciated for its ability ‘to relate with great sensitivity on a human level to very personal matters, while also giving very clear and measured advice’.

The Legal 500

Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team.

He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.