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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 is a Caveat? 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 […]

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 […]

Our will dispute expert looks at a holographic will and what it means

CONTESTING A WILL – DOES A MISTAKE INVALIDATE A WILL?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether a mistake by a testator invalidates a Will What do we mean by “mistake” Here we are discussing a mistaken belief by a person making a Will which may have affected who was to benefit from his or her estate. To be clear, we are not considering a mistake affecting the legal formalities necessary […]

CONTESTING A WILL – A RECENT CASE STUDY

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss an example of a recent case which they successfully settled under which their client was claiming a Will was invalid because the testator lacked legal testamentary capacity. A snapshot of a recent Will dispute or Will contest claim which we successfully resolved In brief, we recently (and successfully) concluded a claim against the legal validity […]

CONTESTING A WILL – THE DANGER OF NOT NEGOTIATING

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the danger of not negotiating in Will dispute and Will contest claims. What do we mean by negotiation? In a previous blog (see https://www.willclaim.com/benefits-mediation-will-dispute/ ) we explored the benefits of Mediation. To be clear, Mediation is a form of negotiation. It has more formality than a simple discussion as (pre lockdown) it requires each side […]

CONTESTING A WILL – WHAT IS REASONABLE FINANCIAL PROVISION

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the real meaning of reasonable financial provision in Will dispute and Will contestclaims. What is the significance of “reasonable financial provision” in Will dispute and Will contest claims This relates to a claim by a potential beneficiary to a deceased’s estate (usually a spouse or child or dependant of the deceased) who hasn’t been left […]

CONTESTING A WILL – THE SHAPTON V SEVIOUR ISSUE

Will claim, specialist no win no fee will dispute and will contest Solicitors, discuss how hard it is for an adult child to bring a claim for financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975. In a previous blog (see https://www.willclaim.com/how-to-contest-a-will-how-hard-is-it-for-an-adult-child-to-bring-a-claim-for-financial-provision-under-the-inheritance-provision-for-family-and-dependants-act-1975/) we discussed claims by adult children for financial provision from the estate of a late parent under section 2 of the Inheritance (Provision for […]

CONTESTING A WILL – SNIPPETS FROM ILOTT V MITSON AND WHAT THEY MEAN? (PART 2 OF 2)

Will claim, specialist no win no fee will dispute and will contest Solicitors, discuss elements of the Supreme Court Judgment in Ilott v Mitson and their likely effect in adult child financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975.  In a previous blog (see https://www.willclaim.com/blog/) we discussed how a claim can be made by an (adult) child for a share of his/her parents estate under […]

CONTESTING A WILL – SNIPPETS FROM ILOTT V MITSON AND WHAT THEY MEAN? (PART 1 OF 2)

Will claim, specialist no win no fee will dispute and will contest Solicitors, discuss elements of the Supreme Court Judgment in Ilott v Mitson and their likely effect in adult child financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975.  In a previous blog (see https://www.willclaim.com/blog/) we discussed how a claim can be made by an (adult) child for a share of his/her parents estate under […]

CONTESTING A WILL – CAN A STEPCHILD BRING A CLAIM?

CAN A STEPCHILD BRING A CLAIM AGAINST THEIR (NON BLOOD) PARENTS ESTATE? Clearly this is a common issue in will contest and will dispute claims. In short the answer is yes although there are certain situations where this isn’t possible the main one being where the legal validity of a Will is contested and there is no previous Will (or if there was a previous Will it was revoked by […]

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