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Wills & Estates

What notice must an estate trustee give to interested parties once a will is being challenged?

TSL Written by the Treadstone Law team· Updated August 2026

Once a will is being challenged, an estate trustee (or proposed estate trustee) generally has an ongoing obligation to keep interested parties — beneficiaries under the will, potential beneficiaries under an earlier will or on intestacy, and anyone else with a recognized financial stake — properly informed of significant developments in the litigation that affect their interests, rather than managing the dispute quietly on their own.

In practice, this includes giving formal notice of the court proceeding itself to everyone who should have an opportunity to participate or at least be heard, and providing relevant material as the case requires, such as the will documents in issue and, where appropriate, updates on major steps like a proposed settlement. Where a minor or incapable beneficiary's interests are affected, this also generally extends to notifying the Office of the Children's Lawyer or the Public Guardian and Trustee, so their interests can be properly protected. An estate trustee who fails to give proper notice risks having steps taken in the litigation, including a settlement, challenged or set aside later for lack of proper process. If you're acting as estate trustee during a will challenge, confirm your specific notice obligations with a lawyer early, rather than assuming informal updates are enough.

Key takeaways

  • An estate trustee must generally keep interested parties informed of significant developments during a challenge.
  • This includes formal notice of the proceeding to everyone with a recognized interest.
  • Notice to the Office of the Children's Lawyer or PGT is required where a vulnerable beneficiary is affected.
  • Failing to give proper notice risks having steps in the litigation challenged or set aside later.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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