Challenging a Will / Family provision claims

In certain circumstances, a will may be challenged or a claim made on the basis that adequate provision has not been made for an eligible person. These matters are governed by strict legal principles and time limits and require careful consideration before any action is taken.

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Crownmark Lawyers advises individuals considering a challenge to a will, as well as executors and beneficiaries responding to such claims. Our approach is practical and proportionate, focused on assessing the merits of a claim early and advising on realistic outcomes.

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Family provision claims commonly arise where a spouse, child, former partner, or dependant believes they have not been properly provided for under a will. We advise on eligibility, the relevant factors the court will consider, and the strength of a potential claim or defence.

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Where possible, we assist clients to resolve disputes through negotiation or mediation, recognising the personal and financial costs associated with contested estate litigation. Where proceedings are necessary, we work with experienced counsel and guide clients through each stage of the process. In suitable matters, advice may be provided on a staged or agreed fee basis through Crownmark Assured Pricing (CAP), providing clarity around scope and costs.

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Our services include:

• Advice on eligibility to challenge a will

• Assessment of family provision claims

• Advice for executors responding to claims

• Negotiation and mediation support

• Strategic guidance on court proceedings

• Risk and cost assessment at each stage