If you've agreed to execute a will, you will quickly realise just much work is involved when that fateful day arrives. And you may be in for an even longer journey if you find out that someone intends to contest the will because their interests should have been catered for in that document. So, what should you do next as you consider their demands alongside the needs of everyone else?

An Executor's Tasks 

An executor has a lot on their plate. Firstly, they need to get legal recognition from the state authority and then tidy up the affairs of the deceased. They may need to take care of outstanding debts, close bank balances and understand the wants and desires of the departed as laid out in the document itself.

How to Deal with a Claim

But before distributing the net assets to those named in the will, they may need to deal with a contest. They may be confronted by a person who wants to challenge or contest the will, and the executor must determine the next course of action.

Contests and Challenges

If someone wants to contest the will, they may have been left out or treated unfairly by the departed. The number of people who can make such a claim is very limited, typically only family members. In this situation, they would launch what is known as a "family provision claim."

However, if somebody feels particularly aggrieved, they may want to dispute the will altogether. This is known as challenging and can sometimes take place should the aggrieved party feel that the will was made under duress. Alternatively, the person bringing the case may assert that the will-maker was suffering from a mentally degenerative disease and not capable of making such decisions.

How to Defend a Contest

An executor does not always have to agree with the other party. They are entitled to defend the will as it stands in some situations. For example, should they be dealing with a contested will involving a family member, they can bring forward evidence to show the nature of the relationship between the person and the deceased or point to the size of the estate. All of this information may then go forward to mediation leading to a settlement or rejection.

How to Defend a Challenge

To defend against a will challenge, the executor has to file evidence to back up the person's mental capacity (should this be the challenge). They may therefore need to bring forth medical records or reports from doctors.

Get Professional Help

If you are an executor and you're faced with these challenges, it's not always easy to know what to do next. For this reason, you should consult with an experienced attorney who will provide you with the relevant advice.

Learn more about the process of a will dispute.