How do I defend a Will as the Executor?

One of the issues some Executors to Wills face is Family Provision Claims, or applications that a will was not properly made, or was not the last will, or is in some other way defective.

There are a wide variety of such disputes that can arise.  The most common are:

  • Family Provision Claims – where a beneficiary (or person excluded) alleges that they were not fairly provided for;
  • Challenges on the will – where a beneficiary or someone who could have been a beneficiary alleges that the last will is not valid for some some reason
  • Allegations that the executor is not properly fulfilling their role.

The duties of an executor are very serious.  If they are not complied with, the executor faces the possibility of personal sanction, or may be required to meet the cost of any error from their own pocket, rather than the estate.

Segelov Taylor Lawyers are expert at advising executors on their obligations, and guiding you this process.

Free initial case assessment

We offer a free initial case assessment for all unfair will matters.

We will obtain preliminary information from you and advise you on whether you have a claim,  the likely value of any claim, and our costs in the event you were to instruct us.  There is no obligation to proceed.

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Information about contesting an unfair will