Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider whether adult step children can bring a claim for financial provision Claims by adult step children for financial provision We considered this in some detail in our earlier blog in relation to a claim for financial provision under s. 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). This is a […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider Leonard v Leonard and its brilliant analysis of the law on testamentary capacity and knowledge and approval Leonard v Leonard [2024] EWHC 321 (ChD) This is a brilliant decision (for practitioners) dealing with disputed and/or contested Wills in relation to three key areas: For previous blogs on some of these refer toWhat Is the Test […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider knowledge and approval where a Solicitor is involved in the Will execution What is “knowledge and approval” in Will contest or Will dispute Claims There are essentially three key elements which are needed for a Will to be valid: 1. Capacity to make it; 2. Knowledge and approval; 3. Compliance with section 9 of the […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider how it is possible to remove or dispose of Caveats quickly and cheaply What is a Caveat and how is it used in Will contest or Will dispute Claims We love talking about Caveats! They are of key importance in relation to claims against the legal validity of Wills. Quite simply they are just a […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider claims by adult children for financial provision What is a financial provision claim for adult children in relation to a will dispute and will contest claim We considered this in our earlier blog this month. It is quite often the case that even though an adult child cannot challenge his or her parent’s last Will, […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider whether “undeserving” adult children can win financial provision What is financial provision for adult children in relation to will dispute and will contest claims Adult children can bring claims against a deceased’s parents estate under s. 2 of the Inheritance (Provision for Family and Dependants) Act, notwithstanding they have not been maintained or may even […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider issues which can arise when the deceased person whose estate is contested or disputed dies abroad Issues in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975 What is a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) A claim under the Act can be brought […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether a Court can order the occupier of a jointly held property to pay occupation rent to his/her co-owner Paying an occupation rent – when does it come up in Will claims, Will contest and Will disputed claims? The payment of an “occupation rent” is not often an issue in Will dispute and Will contest […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether a Court can order the parties to a Will dispute to mediate or engage in ADR ADR and mediation in Will dispute and Will contest claims? ADR stands for “alternative dispute resolution” – it is a way of resolving disputes without having a trial. It has a several advantages over a trial: PRACTICE DIRECTION […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss what happens with costs when Executors seek to prove a Will Can Executors prove a Will? Ordinarily it falls to the disappointed beneficiary to bring the contested or disputed Will claim – or the beneficiary who is seeking to establish the contested or disputed Will is in fact valid. As a general rule then, one […]
When a loved one passes away, the distribution of their estate as per their will can sometimes become a contentious issue. Whether you believe the will to be invalid or feel that you have not received your fair share, it’s important to know your rights and the associated time limits for contesting a will in the UK. Delaying action or misunderstanding these timeframes can severely hinder your chances of seeking […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the developing will contest and will dispute area of law called “Proprietory Estoppel” What is “Proprietary Estoppel”? It is the Court enforcing a promise which otherwise ought not to be enforced because there is no contract or written agreement which can be used as a basis for doing so, if it can shown the promise […]
The case of Lumb v Lumb [2023] EWHC 2052 (Ch) Lumb was a claim against the legal validity of inter alia Wills dated 2019 and 2015 between two brothers in relation to the estate of their late mother. It was contented that a Will dated 2014 was the legally valid Will. The only difference between the (effect of the) 2014 Will and the 2015/2019 Will (because there was no residuary […]
Introduction If you don’t have a will, the Intestacy Rules state how your estate will be distributed after your death. The rules are complicated and can lead to family disagreements over who gets what. It’s much easier to write a will yourself than it is to try and sort out what happens when someone dies without one. So in this article, we’ll go over what happens if you don’t have […]
Learn about what a Grant of Probate in estate planning is with this article that goes over this important document, how it works and how to obtain it. What is a Grant of Probate? A Grant of Probate is a legal document that authorises the executor of a will to manage the deceased’s estate according to the wishes outlined in the will. It ensures that assets are distributed legally, helps […]
Discover how long it takes to receive ones inheritance take after probate is granted in the UK with this article that helps you understand probate and inheritance timelines. Understanding Probate and its Significance Before delving into the timeframe for inheritance distribution, it’s important to understand what probate entails. Probate is the legal process that validates a deceased person’s will and grants the authority to the executor to administer the estate. […]
Writing a will is an important part of ensuring that your final wishes are carried out after your passing. However, despite the best intentions, there are situations where a will may be contested by interested parties. The process of challenging a will typically occurs before probate, when the court determines the validity and execution of the document. But what happens if a will has already gone through probate? Can it […]
Creating a will, also known as a testamentary document, is an essential part of estate planning, allowing individuals to outline their wishes regarding the distribution of their assets after their passing. However, circumstances may change over time, leading individuals to reconsider the provisions in their existing wills. In such cases, it is common for people to wonder if a new will automatically cancels an old will in the United Kingdom. […]
Writing a will is an essential step in planning for the future and ensuring your assets are distributed according to your wishes. However, many people in the UK are unsure about whether they need to register their wills. In this article, we will delve into the topic and provide you with a comprehensive understanding of will registration in the UK. What is Will Registration? Will registration involves storing a copy […]
Successful Cases of Contesting a Will in the UK Contesting a will can be a complex and emotionally charged process. However, there are cases in which contesting a will in the UK has been successful, resulting in changes to the distribution of assets. In this article, we will explore some of the most notable successful cases of contesting a will in the UK. Grounds for Contesting a Will Before delving […]