Will Disputes

A Will is a powerful document as it records the wishes of the deceased. For that reason, it is respected by the court. To contest the validity of a Will requires a considerable amount of evidence to convince the court that the Will should be overturned.


These are examples of the ways in which a Will can be overturned:

  • If it had not been correctly drafted, executed and witnessed;
  • Where a person lacked mental capacity at the time they made the Will;
  • Where the deceased was put under undue pressure to leave their estate to a particular person; or
  • Perhaps the Will was forged.


Also, if the Will does not work in the way that the testator intended or if there is confusion as to what is intended by a particular clause in a Will, an application can be made to the court.

Some investigation may be required at the outset in order for us to advise you as to whether or not the evidence gathered is likely to be sufficient to overturn the Will. If you are suspicious as to the circumstances in which a Will came about, please contact a member of the team.

Estate Administration and the Removal of an Executor

If you have concerns over the way an estate is being administered, we can liaise with the executor on your behalf to get to answers you need.

Where estate accounts have not been produced, an application can be made to the court for the estate accounts to be produced and verified.

Where the executor is behaving in such a way as to be in breach of his duties, an application can be made for his removal. This application should not be made lightly as the executor was chosen personally by the deceased and, as mentioned above, the court tries to respect the wishes of the deceased.

Similarly, if you are an executor and the way in which you are administering the estate is being challenged, we can assist and provide you with guidance. We would liaise with the beneficiaries and their advisors on your behalf to try to resolve the matter. If a solution cannot be found, we would consider making an application to the court for guidance.