Can I contest a will? It’s a question we’re often asked, and a recent case considered the wider question of who has sufficient ‘interest’ to contest a will. To challenge a will, you must be able to show that you have an ‘interest’ in the estate of the deceased person – usually close relative or someone who has been treated as such. In a recent case, Randall v Randall [2016] […]
Will dispute? Confused by legal jargon? Our blog should help make things clearer! The law that applies in the case of a will dispute is full of technical language, much of it deriving from years gone by, and often difficult to understand, even by lawyers who specialise in other areas of the law. Our (almost) A-Z guide should help you get to grips with what’s going on – and if […]
Following a recent High Court decision, we look at the evidence necessary to contest a will on the grounds that the person making the will did not have the mental capacity to do so. One of the grounds for contesting a will is to argue that the person making the will, ‘the testator’, did not have mental capacity to do so. This is often referred to as ‘not being of […]
Anyone that feels as though they have been treated unfairly or anyone who has experienced a family dispute relating to a will; will be pleased to know that there are opportunities to challenge the validity of the will. Wanting more money or feeling aggrieved that you haven’t received a particular item or asset isn’t enough to challenge a will but there are a number of reasons why contesting a will […]
Given that a person has the right to pass their estate on to whoever they choose; it could be argued that the contents of a will should be taken as they are provided. However, and even allowing for people to be experiencing a wide range of emotions after the passing of someone close to them, there will be times when there are suspicions about the contents of a will. It […]
When it comes to contesting a will, there are a number of reasons available and here are the main grounds for contesting a will: A lack of testamentary capacity A lack of valid execution A lack of knowledge and approval Undue influence Fraudulent or forged will Construction and rectification claims A lack of testamentary capacity A person making a will has to be of sound mind and a legal test […]
Given that wills are mainly associated with someone’s passing, it is only natural that it will be a difficult time for many people, with a wide range of emotions being experienced. A lot of the time, many people are not focussed on a will, dealing with the issues of losing someone that they love as opposed to worrying too much about how the assets will be divided. However, there are […]
Consider these: • Really the estate is going to have to be big enough to warrant a claim – principles don’t pay bills! • Likewise your interest in the outcome of the dispute has to be big enough to warrant a claim (a bad example: you successfully prove a Will to be invalid, meaning the earlier Will is now the legal Will, under which you are left a legacy of […]
The starting point is understanding that in England and Wales a mother or father is not obliged to leave his or her estate to their child or children and that “family” money or property doesn’t automatically pass to a blood relative. The bottom line is you cannot contest a Will because it is “unfair”. The next issue is the estate size. It is very expensive to engage Solicitors, Barristers and […]
Contesting a will with willclaim.com Let’s not beat about the bush, it is sometimes difficult (but not impossible!) to successfully contest a Will. Given so, whilst a number of Solicitors now advertise their services for this work, many will not do so under a no win no fee arrangement. Willclaim (which is a marketing website for Inspire Law Solicitors) is an exception to this as we are able to offer […]
It is becoming quite rare to find Solicitors able and willing to take on a will contest claim under a no win no fee agreement. There are three good reasons for this: 1. They are very difficult claims to win and moreover to resolve by amicable agreement as invariably there is a good deal of acrimony 2. When they are won, there is often a long period between the settlement […]
Terms and Conditions 1. Entry into this competition implies acceptance of these rules. The owners of Willclaim Solicitors reserve the right to amend these rules at any time. 2. No purchase is necessary to be entered into the competition. 3. The promoter of the competition is Willclaim Solicitors 4. The competition is open to any residents in the UK only. 5. The competition is not open to employees of Willclaim […]
Wills can be confusing and there is often a lot of jargon and red tape surrounding inheritance, which can make it difficult if you believe you are entitled to more than you are being offered. It may be that you were promised something in return for maintenance or changing your position (giving up your job or house, for instance). It may even be that you dispute the legitimacy of the […]
1. What is mediation? A mediation is a negotiation in a formal setting with a professional “mediator” who tries to help both sides to resolve their dispute. In will dispute or will contest claims, he or she is usually a legal professional (most often a Barrister with experience in the will dispute field), who is paid by each side to act as an independent facilitator. 2. What happens if I […]
1. What is mediation? A mediation is a negotiation in a formal setting with a professional “mediator” who tries to help both sides to resolve their dispute – often by means of clever questioning, crystal ball gazing (eg. Where will we be in in a years time if the will dispute is not resolved??) 2. Does a mediator act as Judge in relation to your will contest claim? Definitely not! […]
What is a typical claim? Every case is different although there are broad similarities between cases. Typically though a claim w ill be one of two types: a claim that the Will is not valid (because there is something wrong with it) or a claim for financial provision from the estate. What things might make a Will invalid (in other words what could be wrong with it to mean that it […]
What is no win no fee? It is a type of contract between the solicitor and the client which means that the solicitor can only charge if the claim is won Does it mean that to win a claim you have to go all the way to a trial and be successful there? No absolutely not. Most of our claims for clients are settled before any court proceedings leading to […]
The Wills Act 1837 is 176 years old this year and yet it serves as the foundation for all wills made since, in England and Wales. Strangely it is often ignored in the context of Will dispute claims and yet it provides critical rules that govern whether a Will is actually valid. When should one consider the Wills Act 1837 in will dispute cases? Really it is important to always […]
Here is a point by point summary of what is likely to happen in a typical will dispute where we are claiming against the validity of a will. I will provide details of a will dispute claim involving a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. 1. Instructions received to contest the validity of a deceased’s will by her son on the grounds […]
We find that there are patterns of behaviour or similar facts which often mean there are likely to be genuine grounds for contesting a will. To try and assist, we have listed a number of them below:- 1. Even before death, there are often suspicious patterns of behaviour. 2. For instance, an unlikely friendship between the person making the will and a stranger. Following that difficulty in contacting the person […]