The execution of a will or estate can be a complex and confusing process, full of potential pitfalls such as contestation. However, some of these potential problems can be mitigated by writing a response to a caveat warning. In this article, we will look at how to write a response to a caveat warning. What is a caveat warning? A caveat warning is a statement included in a will or […]
When it comes to contesting wills, one of the main concerns friends and family members of a testator may have is wondering whether or not they are able to access a will. Is a will a public document or will you need to be named in the will in order to access it? We take a look at when a will is a public document and how you can contest […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the rules of intestacy What are the rules of intestacy and when do they apply? The rules of intestacy determine who inherits from a deceased persons estate when he/she dies without a Will. Whilst in England and Wales a person can make a Will leaving his/her estate to whomever he/she wants to (and thereby disinherit […]
On top of the emotional turmoil you must grapple with after losing a loved one, you also have to deal with their estate. With so much going on, it can be challenging to figure out the right time to apply for probate. This article answers the question, “Is there a time limit on probate?” and guides you on how to go about the whole process. What is probate? Probate is […]
After a friend or loved one has passed away, the matter of their estate is one of the most prevalent concerns for those involved. This process can become even more complicated when it comes to the subject of contesting wills, and when the best time to approach this may be. Probate can be difficult to understand at the best of times – and once probate has been granted, what happens […]
If you have been left out of a will, or feel that the terms of the will are unfair to you, you may be able to contest it. In this article, we examine different reasons to contest a will and what steps you need to take if you want your inheritance changed. Reasons to contest a will In some cases, you may feel that the will isn’t legally valid. For […]
A mirrored will is a legal document that sees one person in a couple leave their estate and assets to their partner when they pass away. In this blog, we look in more detail at ‘what is a mirrored will?’ and share some key information behind it. What is a mirrored will? Put simply, mirror wills are a pair of wills that a couple makes when they want to mirror […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide more detail about jointly owned property Jointly owned property – do the Will or rules of intestacy even apply to it? The question of whether estate property is jointly owned and if so the type of joint ownership can determine if that property (which is usually the largest estate asset) falls to be dealt with […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the Court of Appeal decision in Hudson v Hathway Hudson v Hathway [2022] EWCA Civ 1648 The recent Court of Appeal decision in Hudson v Hathway has clarified the requirements for a common intention constructive trust and the requirements for property disposition in the modern age. Here is the link: Hudson v Hathway [2022] EWCA […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether a Will can be amended after the death of the testator Can a Will really be amended after the death of the testator? The answer is yes it can. As we explained in a previous blog a Will can be amended notwithstanding the person who made it has died: WHAT CAN BE DONE ABOUT […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the likely causes of the failure of a recent claim by an adult child under the Inheritance (Provision for Family and Dependants) Act 1975 Why are claims for financial provision by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 so difficult? The problem is this; adult children are not “favoured applicants” […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss pre-trial settlements involving disputed or contested Wills after court proceedings have been initiated What is the problem with settling your Will case after Court proceedings have been issued and served? The position is this. Your claim (or your opponents claim) against the legal validity of a near relatives Will has dissolved into court proceedings; each […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, unravel the test for legal testamentary capacity What is legal testamentary capacity and why is it important in Will dispute and Will contest claims? Legal testamentary capacity is the capacity or ability to make a legal Will. Without it a Will can be declared invalid which means the testator’s estate (“the testator” is the legal term […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider whether in light of a recent decision, fraudulent calumny claims have become much more difficult to prove The species of undue influence known as “fraudulent calumny” We discussed this type of undue influence in our previous blog at: Challenging wills using Fraudulent calumny – Will Claim Solicitors What undue influence comprises is usually fairly obvious; […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the requirement that a testator must know and approve of the Will contents for it to be valid “Knowledge and Approval” – one of the fundamental requirements of a valid Will “Knowledge and Approval” – one of the fundamental requirements of a valid Will We have discussed the requirement of “testamentary capacity” in a number […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide a snapshot of the key points to bear in mind in connection with a late application for financial provision on behalf of a disappointed adult child What is a financial provision claim and when is it late? We have addressed basic principles in relation to adult child financial provision claims in our previous blogs: HOW […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the new case of Antonio v Williams Antonio v Williams – a further claim for financial provision under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 The case of Antonio v Williams [2022] EWHC 2383 (Ch) is a claim by the brother of the deceased for financial provision based on the […]
Losing a loved one is painful, but things get worse when there is a dispute over their will. Other parties may caveat the will, preventing what should essentially be a smooth probate. This article teaches how to remove a caveat on probate UK based. What is probate? Probate is the legal process that gives recognition to a will and gives a personal representative the right to deal with the deceased […]
Becoming the executor of an estate comes with many responsibilities, but in some cases, it can be even more challenging for those who are not executors or not named in the will when they believe they should have been. If you have any questions or concerns about the will of a loved one, you may be looking into contesting it and wondering how to check if probate has been granted. […]
Contesting a will is one of the most emotionally challenging legal disputes you can take on, but if you feel that someone you love has passed on and their will doesn’t accurately reflect what they wanted, it may be worth contesting their will. It’s sometimes necessary to contest a will if you feel it is invalid for one of a number of reasons. If you can bring into doubt the […]