Defending a Will

Defending a Will Perth

Defending a will involves responding to a legal challenge or claim against an estate. Whether you’re an executor or beneficiary, our will dispute defence lawyers in Perth can help protect the wishes of the deceased and your rightful entitlements in a contesting will defence case in WA.

Defending a Will with Lynn & Brown

When someone challenges a will, it can cause stress, uncertainty, and delays, especially if you’re an executor trying to honour the deceased’s wishes. At Lynn & Brown Lawyers, we provide strong, strategic support to help you defend the will and protect what’s right.

With over 25 years of experience in defending wills in Perth, we’ve helped countless clients navigate inheritance disputes with professionalism and empathy. Whether the will is being contested on grounds of undue influence, lack of capacity, or fairness, we assess the claim, explain your options, and take decisive legal action where necessary.

Our team is skilled in both mediation and litigation, meaning we can resolve matters efficiently while fully preparing to defend your case in court if needed. We understand how emotionally difficult these disputes can be and are here to guide you every step of the way.

Book a Will Defence Consultation

Have you been named in a will that’s now being challenged? Contact our will dispute defence lawyers in Perth to get clear legal advice and protect your interests. We’ll review the claim and help you respond with strength and confidence. Book your consultation today.

Other Deceased Estates Services

Contesting a Will

Contesting a will involves legally challenging its validity or fairness. If you’ve been unfairly left out or believe the will isn’t valid, you may have grounds to act.

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Contesting a Will

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Probate

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Disputed Estates

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Still Have Questions About Defending a Will?

If you’re facing a will dispute or need legal support as an executor or beneficiary, we’re here to help. Contact our Perth-based team of will dispute defence lawyers for clear guidance and strong representation. We’re ready to protect what matters most.

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Frequently Asked Questions

Will defending a will delay the distribution of the estate?

Yes, most likely. When a will is contested, executors usually pause the distribution of assets until the dispute is resolved. This protects all parties and prevents complications. Our lawyers can help manage the process efficiently, keeping you informed while working toward a resolution that allows the estate to move forward. Timely resolution protects beneficiaries from prolonged uncertainty and helps uphold the deceased’s wishes as efficiently as possible.

How long does it take to defend a will?

It depends on the complexity of the claim and whether it goes to court. Some disputes can be resolved in a few months through mediation, while court proceedings can take longer. Acting quickly and having an experienced legal team can help reduce delays and strengthen your position from the outset. Clear communication between all parties can also reduce misunderstandings, limit escalation, and keep the process moving efficiently.

Can defending a will be resolved without going to court?

Yes. Many will disputes in Perth are resolved through negotiation or mediation, avoiding the cost and delay of court proceedings. However, if an agreement can’t be reached, the matter may proceed to court. We are skilled in both pathways and will work to resolve the matter in your best interests. Early legal intervention can often lead to a faster resolution, especially when the defence is well-prepared and backed by strong evidence.

Who can defend a will?

Usually, the executor of the estate is responsible for defending the will. However, beneficiaries also have a right to defend their entitlements if a claim threatens to reduce or remove them. Our team can represent executors or beneficiaries in contesting will defence cases in WA, ensuring your position is clearly presented and protected. In complex cases, multiple parties may collaborate in the defence, especially where large estates or multiple challenges are involved.

What does it mean to defend a will?

Defending a will means responding to a challenge or claim brought against it, often by someone seeking a greater share of the estate. As an executor or beneficiary, you may need to present evidence to show the will is valid and reflects the true intentions of the deceased. Legal advice is essential in these cases. A strong defence often includes witness statements, expert reports, and documentation that supports the will-maker’s capacity and intention at the time the will was made.

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