Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss reconstruction of a will under r54 NCPR, 1987 in a case where a previous will exists but a party refuses to disclose it during proceedings challenging the validity of a later will. Overview – Oliver v Oliver [2024] EWHC 2289 (Ch) This lengthy judgment describes an unsettling and at times colourful set of events. It […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the rules on litigation costs in financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975, asking whether it’s ever possible for a claimant to receive their costs as part of an overall award. Overview – Jassal v Shah and Shah [2024] EWHC 2214 (Ch) Jassal v Shah and Shah involved a […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discussthe recent decision in Oliver v Oliver Oliver v Oliver [2024] EWHC 2289 (Ch) Oliver v Oliver is yet another compelling Will contest or Will dispute decision from theprolific centre of excellence (in this area) that is now established in Bristol, but in particularfrom the clear and technically brilliant mind of HHJ Paul Matthews. Initially the […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discusswhether Will no contest clauses work What is a Will no contest clause? A Will no contest clause is a clause in a Will which seeks to stop a beneficiary frompotentially challenging the bequest they are entitled to receive in the Will by making itsreceipt dependant on the beneficiary in question, not subsequently challenging or contesting […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, run through the legal principles in Bond and Another v Webster and others Over view – Bond and Another v Webster and Others [2024] EWHC 1972 (Ch) This is a claim against the legal validity of a Will and Codicil prepared by a firm of Solicitors who also took steps to have the testator assessed for […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discusswhether the decision of Mr Justice Michael Green in Bond and Another v Webster andothers, is likely to reopen the Will dispute or Will contest floodgates The effect of the earlier decision by the Court of Appeal in Hughes v Pritchard The first instance decision in Hughes v Pritchard provided that a Will seeminglyscrupulously prepared by […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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