Defending a Disputed Probate matter
f you are an executor of a Will or a residuary beneficiary of a Will that is being challenged or disputed for any reason it is important to seek advice as soon as you become aware of the dispute to ensure that you are fully aware of your rights, duties and obligations.
More often than not the executors or residuary beneficiaries have little personal knowledge of the wishes of the deceased and the circumstances regarding the making of the Will in dispute. It is therefore important to get details of what the deceased's wishes were at an early stage of proceedings.
Often, it is not just the Will itself that is challenged, the conduct of the executors in administering the estate can also be disputed. We can advise you of your rights, duties and obligations in respect of all aspects of an estate or Trust administration.
Costs to Executors
The costs of a Will dispute is often of concern to executors faced with a disputed Will. Generally speaking if you are an executor of a Will that is challenged your costs will be met from the estate in due course however it is worth noting that the costs are at the discretion of the Judge so your conduct in defending the claim is important.
Wherever possible we would advise mediating a Will dispute at an early stage to minimise costs issues for all parties.