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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 […]

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 […]

CONTESTING A WILL – THE PROBLEM WITH COSTS (PART 1 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 […]

challenging wills and property co ownership

CONTESTING A WILL – DISTRIBUTING THE ESTATE IN THE FACE OF A CHALLENGE AGAINST THE WILL

CAN EXECUTORS FACED WITH A CHALLENGE AGAINST THE LEGAL VALIDITY OF A WILL SAFELY DISTRIBUTE THE ESTATE? This scenario might arise where after a Grant of Probate, a claim is raised or maintained that a Will is not legally valid; the most common claims in this regard are: 1. a claim the Will wasn’t properly signed (or at all) by the person making the Will and/or because his or her […]

rules of intestacy in will disputes

CONTESTING A WILL – REMOVING A CAVEAT WITHOUT ISSUING COURT PROCEEDINGS

This is the conundrum; you have been left a share of an estate under the terms of a relatives or friends Will, but a disappointed potential beneficiary has entered a Caveat to stop the Grant of Probate and then sat on their hands, hoping you will either give up your claim to the estate or that you will reach out to compromise the dispute. What can you do? The nuclear-option […]

CONTESTING A WILL – SOME LEGAL PRINCIPLES EXPLAINED

In my last blog (see https://www.willclaim.com/blog/ ) SOME LEGAL PRINCIPLES FOR THE LEGAL BUFFS IN RELATION TO NO WIN NO FEE WILL DISPUTE CLAIM I promised to provide a layman’s explanation – well here goes! In relation to a Will dispute or Will contest claim, the questions concerning the legal validity of a will usually turn on the following questions: 1. Was it signed by the person making the Will […]

instruct your will dispute solicitor for success

CONTESTING A WILL – THE INSURANCE CONUNDRUM IN RELATION TO NO WIN NO FEE WILL DISPUTE CLAIMS

General – what is the relevance of insurance protection to no win no fee will dispute claims 1. In any Will dispute or Will contest claim a risk can arise once court proceedings are brought, to the person bringing or defending them. The risk is that the claim (or defence) is lost as a result of which the losing party can be ordered by the Court to pay the winners’ […]

contest a will, grounds for contesting a will, challenging a will

CONTESTING A WILL – SOME LEGAL PRINCIPLES FOR THE LEGAL BUFFS IN RELATION TO NO WIN NO FEE WILL DISPUTE CLAIMS

Here are some legal principles for those of you counting yourselves “legal buffs”, brought up to date by Deputy Master Arkush in Rita Rea v Remo Rea and others, 13 September 2019, EWHC 2434 (Ch) (https://www.bailii.org/ew/cases/EWHC/Ch/2019/2434.html) I will explain in layman’s terms in my next blog! Issues 55. In David’s closing submissions on behalf of the defendants, he made it clear that they did not pursue their case that Mrs […]

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