Experts in litigation law

Expert Contentious Probate Solicitors Protecting Your Interests as an Executor

Acting as an executor of a will is a significant responsibility. If there is a challenge to the validity of a will, the role can suddenly become much more difficult. On the one hand, legally you must remain neutral in respect of a claim. On the other hand, you may have strong feelings about the challenge – and you may also be a beneficiary of the estate. What should you do in these circumstances?

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I am an executor of a will; how do I find out that it’s being contested?

If you are an executor of an estate, you will have to decide what to do if you are notified of a will challenge. Ignoring it is not an option!

It may not always be clear on what basis a challenge is being brought. In the early stages the challenger may not have very much information at all and may be asking you to provide them with documents and information. You should seek legal advice at this point if you are in any doubt about what to do.

Or, you may apply for a Grant of Probate and find out that a caveat has been put on. This stops you from taking out a Grant.

What is a Caveat?

Derived from the Latin for "let him beware," a caveat is a formal notice lodged with the Probate Registry. It acts as a temporary "stop" (lasting 6 months) to prevent a Grant of Probate from being issued. This is typically used when there are concerns regarding the validity of a Will or the suitability of the person applying to administer the estate.

What can I do about it?

Issue a Warning

If you are the executor and a caveat is blocking you, file a "Warning" (Form 4). This must be served to the caveator to force their next move.

Enter an Appearance

Once "warned," a caveator has 14 days to file an "Appearance" stating their legal interest. Failure to do so allows the probate to proceed.

Seek Legal Advice

Probate litigation is time-sensitive. If a caveat is challenged or an "Appearance" is entered, a court order is required to move forward.

As an executor, should I pay attention to any letter demanding information?

The general rule of thumb is that it is better to provide full and frank disclosure at an early stage to fend off potential claims against a deceased’s estate. If information is not provided or a combative approach is adopted, the challenger may think that there is “no smoke without fire”.

An executor has a responsibility to the deceased and to the beneficiaries of the estate to act reasonably and fairly. You must remain neutral in relation to any dispute; taking sides could result in a costs order being made against you personally.

You need to know whether the argument is that the will itself is not valid or alternatively, if a claim is being brought against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act). Sometimes an executor will face a challenge to the validity of the will as well as a claim under the Inheritance Act. In an Inheritance Act claim the claimant has a six-month deadline for bringing a claim, from the date of the grant of probate. Failure by an executor to provide information about, for example, the size and nature of the estate and who the beneficiaries are, could lead to expensive proceedings being issued at court unnecessarily. For more information about Inheritance Act claims please see this link.

There is no deadline where the validity of a will is being challenged – but delay can result in a claim failing.

What are the grounds for disputing the validity of a will?

What Is a Will Dispute?

A will dispute arises when someone challenges the validity of a will. The grounds for doing this are:

Lack of Testamentary Capacity – The person making the will must understand what they are doing, the extent of their estate, and who might expect to benefit.
Lack of Due Execution – A valid will must comply with section 9 of the Wills Act 1837, including proper signing and witnessing.
Lack of Knowledge and Approval – The person making the will must have understood and approved its contents.
Undue Influence – The person making the will would effectively be saying “This is not my wish, but I must do it.”
Fraud or Forgery – These serious allegations require strong evidence of dishonesty.
Rectification or construction; the will does not reflect the will maker’s actual intentions.

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So, what should I do to help a solicitor to advise me?

There is a lot that you can do to save time and legal costs when instructing a solicitor. Gather Key Information; A strong defence is built on good evidence. Useful documents can include:

The original will and any previous wills
Letter of wishes
Medical records (if available and relevant)
Diary entries or personal correspondence
The will file from the solicitor who prepared the will
Text messages, emails or letters from the deceased explaining their intentions/ mental state

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What should I do?

Don’t pay out the beneficiaries. Executors must preserve estate assets. No distributions should be made until the dispute is resolved or your solicitor confirms it is safe to do so.
Consider Alternative Dispute Resolution (ADR). Mediation and negotiation are often quicker, less stressful and less expensive than court. Maintaining family relationships can also be easier to maintain or repair by using ADR.
Stay calm and avoid direct contact. It’s generally best not to communicate directly with your opponent without legal advice.
Do not destroy or alter documents. Even seemingly irrelevant documents must be preserved.
Try not to let emotions cloud your judgment. These cases are very personal and stressful; let your legal team support you.
Don’t assume a case lacks merit because you dislike your opponent. Even claims that appear weak must be assessed properly. There may be legal or factual issues you are unaware of.

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Clear, Compassionate Legal Guidance

Straightforward explanations

Clear options and likely outcomes

Practical strategies for financial protection

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Litigation

Frequently Asked Questions

How long will it take?

That’s a difficult question to answer. A lot depends on the personality of the individuals involved, the amount in dispute and other factors. We can’t control your opponent and what action they may choose to take. We can and will use our best endeavours to resolve the case as quickly as we can.

How much will it cost?

Forecasting and advising on the costs of litigation is an important skill – but it is difficult, especially at an early stage of the case. We do our best to give you clear costs information before we take on your case and while we are acting for you. We will do our best to make sure that whatever you spend on legal costs is proportionate to the value of the claim.

Can I claim my costs as an executor from the estate if there are court proceedings?

Your costs may be met by the estate at the end of the case so long as you have behaved reasonably. As an executor you are expected to remain neutral in any dispute. You must not assume that your legal costs will be paid by the estate, so it’s really important that you get advice about the merits of the claim as soon as possible. The general rule in litigation is that the loser pays the winner’s costs.

Meet the team

Our Litigation Experts

Sarah

Director

Sarah Young specialises in contentious probate law, which includes advising on inheritance disputes, problems with executors and arguments involving financial abuse of the elderly (often involving disputes over property ownership)....

Louisa

Partner

Louisa Wardle is a specialist in inheritance disputes with over 16 years of experience, advising on will challenges, Inheritance Act claims, proprietary estoppel, and trust disputes. ...

Gareth

Associate Solicitor

Gareth is an experienced solicitor and joins the firm having spent 15 years with another Yorkshire firm practising in litigation. Gareth undertakes contentious probate work including claims for Financial Abuse, claims for reasonable provision pursuant to the Inheritance Act 1975 and claims against executors....

George

Solicitor

George Sellers is a Solicitor specialising in contentious probate at Ridley & Hall, having joined the firm in February 2026.George works primarily alongside Louisa Wardle, Partner, within the Litigation team....

How can we help?The death of a loved one can be devastating. Our litigation team has many years of experience in helping families resolve disputes over estates in a compassionate, pragmatic and cost effective way.Legal Notice: Information on this website is for general guidance only and does not constitute legal advice. For advice tailored to your circumstances, please contact us directly.

0800 860 62 65

info@ridleyandhall.co.uk