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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 […]

CONTESTING A WILL – BASIC PRINCIPLES (PART 2 OF 2)

This blog is the second of two discussing the basic principles that a potential claimant would need to take into account if it appears they are likely to have a claim in relation to an estate. In our first blog we concentrated in the legal principles a potential Claimant would have to consider when challenging the legal validity of a Will. Here we go beyond that and discuss potential claims […]

CONTESTING A WILL – BASIC PRINCIPLES (PART 1 OF 2)

This blog is the first of two discussing the basic principles that a potential claimant would need to consider if it appears they are likely to have a claim in relation to an estate. In reality, there are three types of claim:1. Firstly a claim against the legal validity of a Will;2. Second a claim for a share of a near relatives estate under the Inheritance (Provision for Family and […]

CONTESTING A WILL – WHAT HAPPENS WHEN THE WILL IS MADE ABROAD (PART 3 OF 3)

This blog follows on from our second of three (blogs) dealing with the issues arising where a Will which is made abroad, is subject to a potential Will dispute or Will contest claim. Our comments below are for general consumption only and offer a guide to what one has to consider when a Will is made abroad. The most important issue for us is whether any claims arising can be […]

CONTESTING A WILL – WHAT HAPPENS WHEN THE WILL IS MADE ABROAD (PART 2 OF 3)

This blog follows on from our first of three (blogs) dealing with the issues arising where a Will which is made abroad, is subject to a potential Will dispute or Will contest claim. Our comments below are for general consumption only and offer a guide to what one has to consider when a Will is made abroad. The most important issue for us is whether any claims arising can be […]

CONTESTING A WILL – WHAT HAPPENS WHEN THE WILL IS MADE ABROAD (PART 1 OF 3)

This is a complex area of law in will contest and will dispute claims. Accordingly we have divided it into three parts. Our comments below are for general consumption only and offer a guide to what one has to consider when a Will is made abroad. The most important issue for us is whether any claims arising can be dealt with in the English and Welsh courts. Can claims arising […]

CONTESTING A WILL – THE PROBLEM WITH COSTS (PART 3 OF 3)

THE VEXED QUESTION OF “WHO PAYS” IN YOUR WILL DISPUTE OR WILL CONTEST CLAIM Surely if I win my will dispute or will contest claim, my opponent will pay? After all, the loser always pays doesn’t he? Well I am afraid the answer is not necessarily and in any event what do you/we mean by “win”. The latter question is for another day. There are a number of hurdles to […]

CONTESTING A WILL – THE PROBLEM WITH COSTS (PART 2 OF 3)

THE VEXED QUESTION OF “WHO PAYS” IN YOUR WILL DISPUTE OR WILL CONTEST CLAIM Surely if I win my will dispute or will contest claim, my opponent will pay? After all, the loser always pays doesn’t he? Well I am afraid the answer is not necessarily and in any event what do you/we mean by “win”. The latter question is for another day, but let us assume you win at […]

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