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CONTESTING A WILL WITH WILLCLAIM.COM – DOES AN ADULT CHILD NEED TO HAVE A MORAL CLAIM TO WIN

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether an adult child has to have a moral claim to win in relation to disputed and contested Wills Why would an adult child need a moral claim to win in relation to a disputed or contested Will? A moral claim is definitely not a requirement where an adult child of the deceased is bringing […]

CONTESTING A WILL WITH WILLCLAIM.COM – UNDERSTANDING CAPACITY TO MAKE A WILL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss capacity issues in relation to disputed and contested Wills What mental capacity is required to make a valid Will We have touched on this critical issue in several previous blogs, for example: https://www.willclaim.com/5-things-aware-claiming-lack-testamentary-capacity/ And: https://www.willclaim.com/how-to-contest-a-will-the-capacity-required-to-make-one/ There are a huge number of learned articles and discussion pieces about this in the context of disputed or contested […]

CONTESTING A WILL WITH WILLCLAIM.COM – WHAT IS SO SPECIAL ABOUT ADULT CHILDREN?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 Overview of Will disputes by adult children (of the deceased) In England and Wales a mother or father can disinherit their children because they can legally make a Will with no provision for them. Whilst this might seem wrong to most […]

CONTESTING A WILL WITH WILLCLAIM.COM – A GENERAL GUIDE TO OUR SERVICE

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide a general guide to their service Overview of Will claim Solicitors no win no fee service We provide details about our no win no fee arrangements at https://www.willclaim.com/no-win-no-fee/. What follows is a general description of what to expect from us in every no win no fee will dispute and will contest claim that we handle, […]

HOW TO CONTEST A WILL – LESSONS IN CHALLENGING A WILL (PART 2)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss why contesting the legal validity of a Will is not an all or nothing issue Why isn’t challenging the legal validity of a Will an all or nothing issue? It is perfectly reasonable for one to believe that a Will is either valid or it is not. After all, if applicable, either it has been […]

signature will formalities

HOW TO CONTEST A WILL – LESSONS IN CHALLENGING A WILL (PART 1)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss why it can be difficult to challenge a Will even where there is no defence Why is it sometimes difficult to challenge a Will even where there is no defence? This was the position in Teresa Ann Coles v Heather Christine Reynolds and another 2020 EWHC 2151 (Ch) (https://www.bailii.org/ew/cases/EWHC/Ch/2020/2151.html). She brought a claim against the […]

As a surviving spouse, does your claim under the Inheritance Act survive if you then die?

HOW TO CONTEST A WILL – WHO HAS THE BURDEN OF PROVING A WILL ALLEGED TO BE A FORGERY

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss who has the burden of proving a Will is valid when it has been alleged that the Will is a forgery Why is the burden of proof important in Will dispute and Will contest claims and what is it? The burden of proof is simply the question of which party to a Will Dispute, Will […]

HOW TO CONTEST A WILL – REMOVING A PERSONAL REPRESENTATIVE AND/OR EXECUTOR

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss why and how a Personal Representative or Executor of an estate should or could be removed What is an Executor or Personal Representative and why are they important in Will dispute and Will contest claims? Here is a link to an article in the Law Society Gazette which explains what a Personal Representative/Executor does – […]

5 things to know about testamentary capacity

WILL DISPUTE CLAIMS – COMMONLY AVAILABLE KEY RESOURCES WHICH WE USE TO WIN YOUR WILL DISPUTE AND WILL CONTEST CLAIM (INVARIABLY UNDER OUR NO WIN NO FEE ARRANGEMENTS)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, reveal the key resources which they use to win each claim most of which you can obtain yourself Resources which most people can use to help win their Will dispute or Will contest claim There are simple questions to answer in most inheritance and Will contest and Will claim disputes concerning a Will before any claim […]

CONTESTING A WILL – CLAIMS BY SPOUSE FOR FINANCIAL PROVISION FROM THEIR LATE HUSBAND OR WIFE’S ESTATE

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider how spouses can claim for financial provision from their late husband or wife’s estate Can a disappointed widow or widower claim from the estate of their late husband or wife? A disappointed spouse can bring a will contest or will dispute claim against her (or his!) deceased husband’s estate pursuant to section 2 of the […]

CONTESTING A WILL – WHAT CAN BE DONE WHEN A SOLICITOR FAILS TO SEVER A JOINT TENANCY WHEN MAKIING A WILL PURPORTING TO DISPOSE OF IT

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider what can be done when a solicitor making a will purporting to dispose of a property fails to sever joint tenancy of that property What is the significance of severing the “joint tenancy” of a jointly owned property by reference to a Will disposing of it? Please have a look at our previous blog about […]

CONTESTING A WILL – LET’S TALK ABOUT JOINTLY OWNED PROPERTY AND HOW THAT CAN EFFECT WILLS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider how jointly owned property can effect Wills and Will-making How can jointly owned property effect Wills and Will-making? We have looked into this issue before in relation to how jointly held property or property that is placed into the joint names of the deceased and another person, can potentially defeat the terms of a valid […]

CONTESTING A WILL – UNDUE INFLUENCE IN RELATION TO LIFE TIME GIFTS (AND OTHER TRANSACTIONS)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the question of undue influence in relation to life time gifts or other transactions Can a lifetime gift or other transactions be set aside? We have previously considered how a substantial lifetime gift can be found to have been made instead of as a legacy under a Will on death (https://www.willclaim.com/successfully-challenging-a-will-can-a-substantial-lifetime-gift-defeat-a-legacy/ ) so that the […]

CONTESTING A WILL – DUTIES OF SOLICITORS IN RELATION TO WILLS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the duties of solicitors in relation to the formation of Wills. What duties do Solicitors have in relation to the formation of Wills? We have previously considered how a solicitor not complying with the so-called “golden rule” to have his client assessed for mental capacity in certain circumstances before completing a Will for him/her, isn’t […]

CONTESTING A WILL – SNIPPETS OF GOLD V CURTIS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide snippets from Gold v Curtis in relation to claims by adult children under the ’75 Inheritance Act. Claims under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 We have previously considered how will contest and will dispute claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 […]

Don't get stuck in checkmate when you challenge a will validity - consider these 5 points before challenging a will

CONTESTING A WILL – LET’S TALK A BIT MORE ABOUT CAVEATS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss Caveats – but in particular how to get rid of them in will dispute and will contest claims What is a Caveat and what do they do? We discussed this very recently, but please see https://www.lexology.com/library/detail.aspx?g=2f67c5c0-3bb2-4d01-a4e8-d1fd4ed1b8fc for another angle to help your understanding. In addition, the following is helpful in describing why entering a Caveat […]

CONTESTING A WILL – LET’S TALK ABOUT CAVEATS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss Caveats, what they do and why they are often necessary in will dispute and will contest claims. What are Caveats? A Caveat is a device which is used to stop a Grant of Probate. Helpfully you can now apply on line to register one and it only costs £3! For further information about this please […]

Applyoing for probate can seem daunting - we can offer light at the end of the tunnel

CONTESTING A WILL – CHANGES AFOOT IN RELATION TO THE PREPARATION AND CONTESTING OF WILLS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss some recent changes in relation to the preparation and contesting of Wills A permanent change to section 9 of the Wills Act 1837? What is the change? Section 9 of the Wills Act 1837 governs the formation of Wills. All Wills must comply with its requirements otherwise they will not be valid in law and […]

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