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CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS –  FURTHER MUSINGS ON PUT UP OR SHUT UP ORDERS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss in more detail the application of “put up or shut up” orders to remove Caveats or allow for the secure administration of an estate by a Personal Representative notwithstanding notification of a Will validity claim  “Put up or shut up orders”  In our previous blog we discussed how “put up or shut up” can be […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS –  WHERE WINTER PROVIDES A SUMMER OF DETRIMENT

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether it is necessary to prove a likely loss to establish detriment in Proprietary Estoppel claims  Proprietary Estoppel claims and the requirement to establish detriment or detrimental reliance Proprietary Estoppel is a legal device by which the courts can determine rights over a property notwithstanding a written enforceable agreement is not in place with no […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS —ADULT CHILD FINANCIAL PROVISION CLAIM AND GETTING OVER 50% OF THE ESTATE

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether an adult child in a financial provision claim under the Inheritance (Provision for Family and Dependants) Act 1975 can ever get over fifty percent of the deceased’s estate Claims by adult children for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) Adult children are very commonly the least […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEESPECIALISTS – CASE STUDY: WINNING FOR AN ADULT STEPCHILD

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, providea case study of a recent claim involving an adult stepchild Adult stepchildren and can they win Adult stepchildren can win a claim against a stepfather or stepmother’s Will in circumstances where they have been unfairly treated. In this particular case (which we have recently settled) our client (the adult stepchild) was already an adult (just […]

CONTESTING A WILL WITH WILL CLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – WHAT HAPPENS WHEN THE ORIGINAL WILL GOES MISSING

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss what happens when the original will goes missing Tracing a Will There are a number of obvious resources – see for instance: Tracing a Will – Will Claim Solicitors One should also consider writing to local Solicitors (in particular those the deceased mayhave used in the past), advertising in the Solicitors Gazette and/or conducting a […]

CONTESTING A WILL WITH WILL CLAIM SOLICITORS NO WIN NO FEE  SPECIALISTS – THE REMOVAL OF EXECUTORS AND PERSONAL  REPRESENTATIVES 

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discussthe removal of Executors and Personal Representatives What are Executors and Personal Representatives? Executors and Personal Representatives generally mean the person or persons entrusted withthe administration of an estate of a deceased person. This can mean an “Executor” appointedby a Will or where there is no Will, (“an Administrator”) under the rules of intestacy. In thisinstance […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEESPECIALISTS – DNA TESTING WHERE PATERNITY OR MATERNITY IS ALREADY PROVEN

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discusswhether it is possible to force DNA testing where paternity or maternity is already proven by way of an official birth certificate Requirements to contest a Will It is necessary to have an interest in an estate to contest a Will. By way of example: – to proceed with a claim against the legal validity of […]

The Curious Case of Langley V Qin; When Marriage Saves the Day

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the curious case of Langley v Qin; when marriage can save the day What are Will dispute and Will contest claims? Will dispute and Will contest claims are very generally claims involving Wills or estates of deceased’s persons where you believe or anticipate there is likely to have been some illegality or manipulation leading to […]

Our Top Ten Tips to Succeeding With Your No Win No Fee Will Dispute or Will Contest Claim

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide their top ten tips to success with will dispute and will contest claims What are Will dispute and Will contest claims? Will dispute and Will contest claims are very generally claims involving Wills or estates of deceased’s persons where you believe or anticipate there is likely to have been some illegality or manipulation leading to […]

What Are Caveats And How Do You Get Rid Of Them

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss Caveats and how to get rid of them What are Caveats? This is the scenario. You are contesting the legal validity of a Will which can be a long drawn out process involving obtaining a copy of the disputed Will, the Solicitors Will file and probably the deceased’s medical records. As you can imagine given […]

Some Cases On Will Validity From 2023

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide court cases from 2023 on key areas of Will validity law In summary, what are the key factors determining whether a Will is legally valid? There are a number but consider briefly the following page: Will Validity – Will Claim Solicitors In brief though, for a Will to be legally valid: 1. it must be […]

Can a Will Be Overturned Because of a Mistake

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider whether a Will can be overturned, challenged or found to be legally invalid because of a mistake On what basis is a Will normally valid? You can find a summary of what it is which makes a Will legally valid on the following page: Will Validity – Will Claim Solicitors Essentially, one is looking for […]

Can An Adult Step Child Bring A Claim For Financial Provision

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 […]

A Brilliant Analysis Of The Law On Testamentary Capacity And Knowledge And Approval

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 […]

Where A Solicitors Involvement Doesn’t Automatically Prove Knowledge And Approval

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 […]

Caveat Removal Or Disposal On The Cheap

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 […]

Musings On Claims By Adult Children For Financial Provision

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, […]

How “Undeserving” Adult Children Can Win Financial Provision

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 […]

What Happens When the Deceased Dies Abroad

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 […]

Paying An Occupation Rent To A Co-Owner Who Is Not Living In A Jointly Held Property

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 […]

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