Acting For A Defendant In Inheritance Disputes
8 November 2023
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Lawyers will often make claims against the estate of someone who has died. They will typically make claims on one of the following grounds:
If someone is challenging a Will or claiming a share of an estate you’ve inherited, you need clear advice fast. Defending an inheritance claim can be stressful, time-consuming and emotionally draining – especially when it involves family.
Our specialist inheritance dispute solicitors act for executors, beneficiaries and families across England & Wales, providing practical, tactical advice to defend inheritance claims and protect your position.
We are here to help. We can get it sorted. It’s what we do. Call us.
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Specialist Will Disputes Solicitors
Proven Track Record of Successful Claims
We advise and represent:
Beneficiaries whose inheritance is being challenged or reduced
Executors and administrators facing claims against the estate
Family members defending claims under the Inheritance (Provision for Family and Dependants) Act 1975
Cohabitees and partners defending competing claims from other relatives
Charities and organisations named as beneficiaries in a Will
Whether the estate is modest or high-value, we work to resolve disputes quickly and cost-effectively – and to avoid court where possible.
One of the most common ways people try to challenge an estate is by bringing a claim under the Inheritance Act 1975. These claims usually argue that the Will (or intestacy rules) do not make “reasonable financial provision” for the claimant.
You may need to defend an Inheritance Act claim if:
You are a beneficiary whose gift will be reduced if the claim succeeds
You are an executor or administrator who must respond to the claim on behalf of the estate
You are a charity or organisation facing a claim from a family member of the deceased
We examine:
The claimant’s financial needs and resources
Your own financial circumstances and any dependants
The size and nature of the estate
Any obligations the deceased had towards you and the claimant
Any disabilities or special circumstances
This allows us to build a strong defence and resist unrealistic or unfair claims.
Sometimes an inheritance dispute is based on an allegation that the Will itself is invalid. Common grounds include:
Lack of testamentary capacity – saying the person who made the Will didn’t understand what they were doing
Undue influence – alleging that someone pressured or manipulated the deceased
Lack of knowledge and approval – arguing the deceased didn’t understand or approve the contents of the Will
Improper execution – claiming the Will wasn’t signed or witnessed properly
If you are an executor or beneficiary under a Will that is being challenged, we will:
Review the circumstances in which the Will was prepared and signed
Obtain medical records and witness evidence where needed
Work closely with the drafting solicitor (if there was one)
Prepare a robust response to any “caveat”, “warning”, or court claim
Our aim is to uphold a valid Will, protect the testator’s wishes and safeguard your inheritance.
Even where a Will is valid, disputes sometimes arise over how the estate is being administered. You may find yourself defending allegations that:
An executor is not acting impartially
There has been delay in distributing the estate
Assets have been mismanaged or undervalued
Estate accounts are incomplete or inaccurate
We advise executors and beneficiaries on:
Their legal rights and duties
How to respond to formal complaints or pre-action letters
Removing or replacing executors where necessary
Negotiated solutions to avoid court proceedings
Complete the form below or contact us directly. Our solicitors will review your situation and confirm your eligibility in a free consultation.
Strict time limits often apply to Inheritance Act 1975 claims – normally six months from the date of the Grant of Probate or Letters of Administration. Other types of claim (for example to challenge the validity of a Will) can sometimes be brought later, but delay can seriously damage your position.
If you suspect a claim may be made against an estate you are involved in, or you have already received a solicitor’s letter, it is important to get advice urgently so that:
Your response is properly considered
You comply with court rules and pre-action protocols
You don’t accidentally weaken your defence by engaging informally
We, can usually offer to act on a no win no fee service for Inheritance Act claims.
If you would like to discuss a matter or require some more information please contact us via phone or email to arrange a free no obligation consultation.
When you first contact us, we will:
Review key documents (Will, codicils, Grant of Probate, correspondence, any claim letter)
Identify the strengths and weaknesses of the claim
Outline your options, from negotiation and mediation to court proceedings
Provide a clear view on costs, funding options and risk
This early analysis is crucial for shaping the strategy and managing your expectations.
Most inheritance disputes settle before trial. We focus on:
Early dialogue with the other side wherever appropriate
Without prejudice offers and replies
Formal mediation with an independent mediator
Creative settlements that protect your financial position and minimise family conflict
Settling early can significantly reduce costs, uncertainty and stress – but we will only recommend settlement where it is in your best interests.
If a fair settlement cannot be reached, we will:
Prepare and file the necessary court documents
Gather witness evidence and expert reports
Represent you at hearings or instruct specialist counsel
Guide you at every stage of the litigation process
Our contentious probate team has experience handling complex, high-value disputes, including multi-party claims and estates with overseas assets.
Every case is different, but we know legal costs are a major concern. We will:
Give you clear, upfront costs information
Discuss whether fixed-fee initial advice, capped fees or staged billing is appropriate
Explore whether a contribution from the estate or other parties is realistic as part of any settlement
Review your legal expenses insurance position where relevant
In some cases, the court may order that some or all of your costs are paid out of the estate or by the losing party – but this cannot be guaranteed. We will always give you a realistic assessment of the cost/benefit of each step.
Explore our latest guides and expert insights on inheritance disputes. Learn what can make a will invalid, who may be entitled to challenge it, and how to strengthen your case.
✅ Specialist contentious probate expertise – We deal with inheritance disputes regularly and understand both the law and the family dynamics involved.
✅ Clear, practical advice – We explain where you stand, what your options are, and the likely costs and timescales in plain English.
✅ Focus on early resolution – Wherever possible we use negotiation and mediation to resolve disputes quickly and cost-effectively.
✅ Robust representation when needed – If court proceedings are necessary, we will prepare your case thoroughly and fight your corner.
✅ Sensitive, client-focused approach – We understand these disputes are often about more than money. We balance the legal, financial and emotional aspects of your case.
If you are facing an inheritance claim, a threatened challenge to a Will, or a dispute about how an estate is being handled, you do not have to deal with it alone.
We can:
✅ Review your position and the strength of any claim
✅ Explain your options in clear terms
✅ Help you respond to the other side or their solicitors
✅ Defend you robustly in negotiations and in court if needed
We focus on early resolution wherever possible, reducing stress and cost while protecting your position.
Our experienced Inheritance Dispute Solicitors are here to guide you every step of the way. With specialist expertise in contentious probate and inheritance disputes, we provide clear, strategic legal representation to protect your rights and secure a fair outcome.
Contact NJS Law today to discuss your will dispute with a specialist solicitor. Call or email us now to get expert advice and begin your case.
Stay up to date with the latest news on will disputes claims. Our blog shares real client case results, recent compensation awards, and guidance from our solicitors to help you understand how the claims process works in practice.
Lawyers will often make claims against the estate of someone who has died. They will typically make claims on one of the following grounds:
The recent release of Prince Harry’s autobiography, Spare, illustrates just how fractious family relationships can be. Although most families would be hard pressed to match the Windsor in both wealth and the occasional rancour towards each other, when it comes to money and inheritances, claims under the Inheritance (Provision for Family and Dependants) Act 1975 (Inheritance Act 1975) can demonstrate that each unhappy family is indeed “unhappy in its own way”.
You generally cannot prevent someone from issuing a claim, but you can take steps to discourage weak or speculative claims by:
Responding promptly and firmly to any pre-action letter
Ensuring all estate paperwork is in order
Demonstrating that the Will was properly prepared and executed
Early legal advice makes it easier to protect the estate and reduce unnecessary costs.
Many inheritance disputes are resolved by negotiation or mediation without a trial. We will do everything reasonable to reach a sensible settlement. However, if the other side will not compromise, a court hearing may be necessary. If that happens, we will support and represent you throughout.
The general rule in litigation is that the losing party pays a contribution to the winning party’s costs, but the court has a wide discretion in inheritance cases. Sometimes costs are paid from the estate, particularly where there was a genuine dispute about the validity of a Will. We will explain the likely costs outcomes and factor this into our strategy from the start.
Simple disputes can sometimes be resolved within a few months, especially if both sides are willing to mediate. More complex cases – for example involving questions of capacity, multiple claimants or overseas assets – can take considerably longer, particularly if they go all the way to trial. We will always look for opportunities to shorten the process where that is in your interests.
Contentious probate and defending inheritance claims is a specialist area of law involving:
The Inheritance Act 1975
Probate rules and court procedure
Complex evidence (medical, financial and factual)
Sensitive family dynamics
Using a solicitor with specific experience in this field can make a significant difference to your prospects of success and to the overall cost and stress of the case.
Adele is a qualified solicitor with over 20 years experience working in the legal sector, predominantly within Litigation.
Adele is the member of the management team responsible for the firms strategy, including the growth of a number of key areas of legal practice, heading up the Housing Disrepair and Probate Teams. She also has a keen interest in technology, in particular automation, and will be working on optimising the firm’s processes.
In her spare time Adele enjoys walking the family cockapoo, watching her son play sport, travelling to new places and is obsessed with all things interiors!
