Willclaim Solicitors, who specialise in handling Will dispute and Will contest claims under no win no fee agreements, consider the impact of the recent Court of Appeal decision in Hughes v Pritchard The decision – Hughes v Pritchard – the relevant decision can be found at: https://www.bailii.org/ew/cases/EWCA/Civ/2022/386.html This was mainly a decision about the legal testamentary capacity of an elderly testator and his disposal of his farm by the terms […]
Contesting a will can be a stressful legal process with several factors to take into account. One of the major concerns for anyone thinking of contesting is the potential costs and legal fees that might be accrued. In this guide, we’re going to answer the question, how much does it cost to contest a will in the UK? How much does it cost to contest a will in the UK? […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss knowledge and approval and undue influence in Will contest and Will dispute claims Reeves v Drew [2022] EWHC 159 (Ch) In this very recent case both knowledge and approval and undue influence were raised as the key grounds for contesting the Will as per the following link: Reeves v Drew & Ors [2022] EWHC 153 […]
Abdenoor v Barker [2022] EWHC 1468 (Ch) Abdelnoor & Anor v Barker& Ors [2022] EWHC 1468 (Ch) (14 June 2022) (bailii.org) This was a claim against the legal validity of a Will dated 26 January 2018 on two grounds; lack of knowledge and approval and undue influence. In other words the deceased couldn’t or didn’t know and approve the Will that she purported to sign in front of two witnesses. […]
A case study The Claimant, an only child, instructed us to bring a claim against the legal validity of his deceased mother’s last Will under which he was not a named beneficiary. Instead the entirety of her estate had been left to a friend. The deceased’s Will file provided detailed reasons for disinheriting our client including a signed statement strongly suggesting she was either suffering from an insane delusion directing […]
While you never like to think of your family, friends or other loved ones disagreeing after you have passed away, it is not possible to definitively prevent your will from being contested. People challenge wills for all sorts of reasons, many are legitimate and some are driven by the high emotions that occur with grief. However, you can take steps towards reducing the odds of a contestation – read on […]
When you’re thinking about contesting a will, it is understandably an upsetting time. You have recently suffered the loss of a loved one, emotions are running high, and it’s easy to make assumptions about what does and doesn’t constitute a valid reason. Knowing this beforehand can save a lot of heartache and conflict. Read on to discover the answer to the all-important question, “on what grounds can you contest a […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide a point by point guide to contesting or disputing a will Key points in disputing or contesting a will We have addressed basic principles in our previous blog: https://www.willclaim.com/contesting-a-will-basic-principles-part-1-of-2/ We intend to distil them even further below to help casual reader embroiled in a will dispute or will contest claim identify useful elements which could […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, identify which of the most common grounds for contesting or disputing a Will most often lead to a successful claim In our previous blog we identified the most common grounds for contesting or disputing a Will. We refer to various “claim types” in our website: https://www.willclaim.com/claim-types/ However, we are often asked to try and identify which […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the most common grounds for contesting or disputing a Will Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the most common grounds for contesting or disputing a Will: https://www.willclaim.com/claim-types/grounds-to-contest-a-will/gclid=EAIaIQobChMI2dCmn6PN9wIVh5ftCh2ybgvPEAAYASADEgLqa_D_BwE The most common examples of situations where a legitimate claim could arise are probably these and/or a combination of […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider how undue influence by dishonest aspersions can invalidate a Will How undue influence by dishonest aspersions to a testator can lead to an invalid Will At a guess the bulk of our enquiries relate to challenges against the legal validity of a Will on the basis of undue influence and usually by the disappointed beneficiary. […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, highlight how a Will can be overturned by proving the testator was delusional “Insane delusion” – the perpetual bridesmaid of Will contest and Will validity disputes The bulk of claims against the legal validity of Wills concern questions over, for example: Even in our own website there is nothing mentioned on the primary page about “Will […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, highlight the types of contentious probate and Will dispute claims which they most commonly deal with Typically what type of Will contest and Will dispute cases do we deal with? We highlight the broad range of the types of Will dispute and Will contest claims that we deal with below, although they are largely referred to […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the problems which can be caused by a late marriage What happens to Wills when someone marries and why does this matter? In this instance we are considering a scenario where an individual (A) marries (C) shortly before he dies having previously made a Will leaving (B) the entirety of his estate. Let us assume […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the impact of the Court of Appeal’s decision to overturn Hughes v Pritchard What did the first instance decision of Hughes v Pritchard decide? The first instance decision of Hughes v Pritchard was a decision by HHJ Jarman against the legal validity of a Will prepared by an experienced Solicitor who had also received a […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the impact of the Court of Appeal’s decision to overturn Hughes v Pritchard THIS IS THE SECOND OF OUR TWO PART ARTICLE ABOUT THE RECENT HUGHES DECISION BY THE COURT OF APPEAL “Presumption” that a Will prepared by an experienced lawyer is valid? Whilst overturning HHJ Jarman’s decision seemingly in part because not enough weight […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the use of mirror Wills and Mutual Wills and how they affect a Will Dispute and Will Contest claim What is a mirror Will and what is a Mutual Will? A mirror Will is a Will that basically copies or reflects the terms of another Will. Invariably they are prepared by (usually) married couples to […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider “domicile” in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975 So what is “domicile” and how does it affect 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 It is a claim for financial […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider whether the recent decision in Mattingley v Bugeja means further claims in relation to Secret Trusts are unlikely to succeed What are Secret Trusts in Will dispute and Will contest claims? A Trust is a device under which property is held. Wills can create Trusts (commonly called “Will Trusts”) but they are almost always created […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, explore whether delusional reasons for making a Will can kill it What we are considering here is whether a delusional belief, perhaps against a child and leading to the disinheritance of that child, can render the Will invalid in law This is a very common circumstance – a child (usually one of a number) of the […]
