WillClaim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the key pre-action steps needed to build the best case for challenging a will. We touch on the case of Addison & Anor v Niaz [2024] EWHC in which a solicitor was ordered to pay costs for her failure to engage properly with a Larke v Nugus request. What are the grounds for challenging a will? […]
WillClaim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss how testators can revoke their wills when their wishes change. Reference is made to Crew & Anor v Oakley & Ors [2024] EWHC 2847 Ch – a case arising from a dispute over whether the testator had validly destroyed her will or not. How do I revoke a will? People are free to change their wills if […]
WillClaim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss your options when it comes to challenging a Will and consider which will dispute cases are we most likely to win. Individuals and families are challenging wills and estates in record numbers. In early 2024 The Guardian reported that as many as 10,000 people in England and Wales are disputing wills every year. Reasons for the increase include an […]
WillClaim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the time limits for making a claim under the Inheritance Act, and the confusion over timeframes that can arise when making a claim against the will and estate of a family member or loved one. We often encounter a degree of confusion about when someone can make a claim against an estate or challenge the validity […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss reconstruction of a will under r54 NCPR, 1987 in a case where a previous will exists but a party refuses to disclose it during proceedings challenging the validity of a later will. Overview – Oliver v Oliver [2024] EWHC 2289 (Ch) This lengthy judgment describes an unsettling and at times colourful set of events. It […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the rules on litigation costs in financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975, asking whether it’s ever possible for a claimant to receive their costs as part of an overall award. Overview – Jassal v Shah and Shah [2024] EWHC 2214 (Ch) Jassal v Shah and Shah involved a […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discussthe recent decision in Oliver v Oliver Oliver v Oliver [2024] EWHC 2289 (Ch) Oliver v Oliver is yet another compelling Will contest or Will dispute decision from theprolific centre of excellence (in this area) that is now established in Bristol, but in particularfrom the clear and technically brilliant mind of HHJ Paul Matthews. Initially the […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discusswhether Will no contest clauses work What is a Will no contest clause? A Will no contest clause is a clause in a Will which seeks to stop a beneficiary frompotentially challenging the bequest they are entitled to receive in the Will by making itsreceipt dependant on the beneficiary in question, not subsequently challenging or contesting […]
![CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – BOND AND BOND V WEBSTER, DADDY, BOND AND BOND [2024] EWHC 1972 (Ch) A RUN THROUGH THE LEGAL PRINCIPLES](https://www.willclaim.com/wp-content/uploads/2024/08/august-23-800x300.webp)
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, run through the legal principles in Bond and Another v Webster and others Over view – Bond and Another v Webster and Others [2024] EWHC 1972 (Ch) This is a claim against the legal validity of a Will and Codicil prepared by a firm of Solicitors who also took steps to have the testator assessed for […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discusswhether the decision of Mr Justice Michael Green in Bond and Another v Webster andothers, is likely to reopen the Will dispute or Will contest floodgates The effect of the earlier decision by the Court of Appeal in Hughes v Pritchard The first instance decision in Hughes v Pritchard provided that a Will seeminglyscrupulously prepared by […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss in more detail the application of “put up or shut up” orders to remove Caveats or allow for the secure administration of an estate by a Personal Representative notwithstanding notification of a Will validity claim “Put up or shut up orders” In our previous blog we discussed how “put up or shut up” can be […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether it is necessary to prove a likely loss to establish detriment in Proprietary Estoppel claims Proprietary Estoppel claims and the requirement to establish detriment or detrimental reliance Proprietary Estoppel is a legal device by which the courts can determine rights over a property notwithstanding a written enforceable agreement is not in place with no […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether an adult child in a financial provision claim under the Inheritance (Provision for Family and Dependants) Act 1975 can ever get over fifty percent of the deceased’s estate Claims by adult children for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) Adult children are very commonly the least […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, providea case study of a recent claim involving an adult stepchild Adult stepchildren and can they win Adult stepchildren can win a claim against a stepfather or stepmother’s Will in circumstances where they have been unfairly treated. In this particular case (which we have recently settled) our client (the adult stepchild) was already an adult (just […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss what happens when the original will goes missing Tracing a Will There are a number of obvious resources – see for instance: Tracing a Will – Will Claim Solicitors One should also consider writing to local Solicitors (in particular those the deceased mayhave used in the past), advertising in the Solicitors Gazette and/or conducting a […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discussthe removal of Executors and Personal Representatives What are Executors and Personal Representatives? Executors and Personal Representatives generally mean the person or persons entrusted withthe administration of an estate of a deceased person. This can mean an “Executor” appointedby a Will or where there is no Will, (“an Administrator”) under the rules of intestacy. In thisinstance […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discusswhether it is possible to force DNA testing where paternity or maternity is already proven by way of an official birth certificate Requirements to contest a Will It is necessary to have an interest in an estate to contest a Will. By way of example: – to proceed with a claim against the legal validity of […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the curious case of Langley v Qin; when marriage can save the day What are Will dispute and Will contest claims? Will dispute and Will contest claims are very generally claims involving Wills or estates of deceased’s persons where you believe or anticipate there is likely to have been some illegality or manipulation leading to […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide their top ten tips to success with will dispute and will contest claims What are Will dispute and Will contest claims? Will dispute and Will contest claims are very generally claims involving Wills or estates of deceased’s persons where you believe or anticipate there is likely to have been some illegality or manipulation leading to […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss Caveats and how to get rid of them What are Caveats? This is the scenario. You are contesting the legal validity of a Will which can be a long drawn out process involving obtaining a copy of the disputed Will, the Solicitors Will file and probably the deceased’s medical records. As you can imagine given […]