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Will Claim Types

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In general there are three distinct types of will claim,  will dispute or areas  to contest a will:

  1. Will Validity
  2. No or Insufficient Inheritance
  3. No or Improper Estate Administration

Synopsis of the types of will dispute we deal with

  • Willclaim provide a unique NO WIN NO FEE service…
  • The most common reason…lack of testamentary capacity
  • Other lesser grounds for contesting a will…
  • Another fairly common ground…..forgery

Willclaim provide a unique NO WIN NO FEE service for all types of will disputes to include inheritance claims (claims under the Inheritance (Provision for Family and Dependants) Act 1975). Whilst we have divided this section into three parts, the most common form of will claim is a claim against the validity of the will on the basis of lack of capacity to make the will and claims against the estate by virtue of the Inheritance (Provision for Family and Dependants) Act 1975. The latter is a form of will dispute where the actual validity of the will is not in issue but a claim is made by a near relative, dependant or former partner that the will (or intestacy where there was no will) makes insufficient financial provision.

The most common reason though to contest a will is because the testator, or person actually making the will, could or would not have understood what he or she was doing when the will was made. This type of will dispute is as described above, a claim that the will maker lacked the “capacity” to make the will. There is a legal test of capacity laid down now by the Mental Capacity Act 2005. Typical examples of cases where capacity is likely to be an issue, are cases where the will maker had dementia, Alzheimer’s or some other medical condition which affected their cognitive powers at the time the will was made.

Other lesser grounds for contesting the validity of a will can include claims that the steps taken to complete the will to include the testator signing in front of two witnesses (who also sign in front of each other) were not properly complied with. For further information on this type of will claim the user of this service is advised to consider section 9 of the Wills Act 1837. Alternatively the will dispute might focus on an allegation that the will was witnessed by a primary beneficiary (or his or her spouse). Also that the main beneficiary who was married to the deceased, has since the will was written, divorced from him.

Another fairly common will dispute claim is that the testator’s signature has been forged.

Finally, contesting a will can also be taken as sometimes meaning that the actual administration of the will is in dispute. This again is fairly common in will claim cases and can lead to acrimonious and expensive will disputes.

We hope you have found this synopsis of the types of claims we deal with in will claim disputes of some use. If you are considering contesting a will but your claim does not fit the type we set out above, then please do not hesitate to contact us. No will dispute is exactly the same but the same principles apply to each.
(The contents of this site including the videos are accurate at the date of publication and not necessarily thereafter – the publication date is currently 22 June 2015)


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