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CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – A POINT BY POINT GUIDE TO CONTESTING OR DISPUTING A WILL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide a point by point guide to contesting or disputing a will Key points in disputing or contesting a will We have addressed basic principles in our previous blog: https://www.willclaim.com/contesting-a-will-basic-principles-part-1-of-2/ We intend to distil them even further below to help casual reader embroiled in a will dispute or will contest claim identify useful elements which could […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – WHAT ARE THE MOST COMMON GROUNDS FOR CONTESTING OR DISPUTING A WILL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the most common grounds for contesting or disputing a Will Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the most common grounds for contesting or disputing a Will: http://www.willclaim.com/claim-types/grounds-to-contest-a-will/?gclid=EAIaIQobChMI2dCmn6PN9wIVh5ftCh2ybgvPEAAYASADEgLqa_D_BwE The most common examples of situations where a legitimate claim could arise are probably these and/or a combination of […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – WHICH OF THE MOST COMMON GROUNDS FOR CONTESTING OR DISPUTING A WILL ARE SUCCESSFULLY PURSUED BY US

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, identify which of the most common grounds for contesting or disputing a Will most often lead to a successful claim In our previous blog we identified the most common grounds for contesting or disputing a Will. We refer to various “claim types” in our website: https://www.willclaim.com/claim-types/ However, we are often asked to try and identify which […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – UNDUE INFLUENCE BY DISHONEST ASPERSIONS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider how undue influence by dishonest aspersions can invalidate a Will How undue influence by dishonest aspersions to a testator can lead to an invalid Will At a guess the bulk of our enquiries relate to challenges against the legal validity of a Will on the basis of undue influence and usually by the disappointed beneficiary. […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – OVERTURNING THE WILL ON THE GROUND THE TESTATOR WAS DELUSIONAL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, highlight how a Will can be overturned by proving the testator was delusional “Insane delusion” – the perpetual bridesmaid of Will contest and Will validity disputes The bulk of claims against the legal validity of Wills concern questions over, for example: Fraud and forgery Whether the Will was signed in front of two witnesses who also […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – TYPES OF CONTENTIOUS PROBATE CLAIM THAT WE DEAL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, highlight the types of contentious probate and Will dispute claims which they most commonly deal with Typically what type of Will contest and Will dispute cases do we deal with? We highlight the broad range of the types of Will dispute and Will contest claims that we deal with below, although they are largely referred to […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – THE PROBLEM WITH MARRIAGE

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the problems which can be caused by a late marriage What happens to Wills when someone marries and why does this matter? In this instance we are considering a scenario where an individual (A) marries (C) shortly before he dies having previously made a Will leaving (B) the entirety of his estate. Let us assume […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – HUGHES V PRITCHARD A RESTATEMENT OF PRINCIPLES (PART 1 OF 2)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the impact of the Court of Appeal’s decision to overturn Hughes v Pritchard What did the first instance decision of Hughes v Pritchard decide? The first instance decision of Hughes v Pritchard was a decision by HHJ Jarman against the legal validity of a Will prepared by an experienced Solicitor who had also received a […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – HUGHES V PRITCHARD A RESTATEMENT OF PRINCIPLES (PART 2 OF 2)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the impact of the Court of Appeal’s decision to overturn Hughes v Pritchard THIS IS THE SECOND OF OUR TWO PART ARTICLE ABOUT THE RECENT HUGHES DECISION BY THE COURT OF APPEAL “Presumption” that a Will prepared by an experienced lawyer is valid? Whilst overturning HHJ Jarman’s decision seemingly in part because not enough weight […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – MUTUAL WILLS AND MIRROR WILLS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the use of mirror Wills and Mutual Wills and how they affect a Will Dispute and Will Contest claim What is a mirror Will and what is a Mutual Will? A mirror Will is a Will which basically copies or reflects the terms of another Will. Invariably they are prepared by (usually) married couples to […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – DOMICILE IN RELATION TO CLAIMS UNDER THE INHERITANCE ACT 1975

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider “domicile” in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975 So what is “domicile” and how does it affect claims under the Inheritance (Provision for Family and Dependants) Act 1975 What is a claim under the Inheritance (Provision for Family and Dependants) Act 1975 It is a claim for financial […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – IS THIS THE END OF SECRET TRUSTS?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider whether the recent decision in Mattingley v Bugeja means further claims in relation to Secret Trusts are unlikely to succeed What are Secret Trusts in Will dispute and Will contest claims? A Trust is a device under which property is held. Wills can create Trusts (commonly called “Will Trusts”) but they are almost always created […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – CAN DELUSIONAL REASONS FOR MAKING A WILL KILL IT

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, explore whether delusional reasons for making a Will can kill it What we are considering here is whether a delusional belief, perhaps against a child and leading to the disinheritance of that child, can render the Will invalid in law This is a very common circumstance – a child (usually one of a number) of the […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – A CASE OF FRAUD

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider how fraud is likely to be dealt with in a will contest claim What constitutes “fraud”? Consider this scenario – person A has two children. He decides to make a Will. His primary asset is his house which he has lived in for the whole of his married life and it has a special significance […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – EIGHT REASONS A GIFT BY A WILL MAY FAIL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, explore the eight primary reasons why a gift by Will might fail An assumption the Will in question is valid In this instance, we are not looking into the question of whether a Will is valid and/or the grounds to challenge or contest it. We are assuming it is valid. For issues concerning the question of […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – CAN AN ADULT STEPCHILD BRING AN INHERITANCE ACT CLAIM

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, explore whether adult stepchildren can bring a financial provision claim under the Inheritance (Provision for Family and Dependants) Act 1975 Can an adult stepchild or a non blood-related child bring a financial provision claim under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975? The simple answer is yes, adult stepchildren can bring […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – ANOTHER ADULT CHILD INHERITANCE ACT CLAIM

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, explore another recent decision on an adult child financial provision claim What is an adult child financial provision claim and what are the significant factors relating to it? These are Will contest or Will dispute claims by adult children for financial provision from a parent’s estate. They are made under section 2 of the Inheritance (Provision […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – MORE ON PROPRIETARY ESTOPPEL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, explore another recent decision on Proprietary Estoppel What is a Proprietary Estoppel claim These are claims which rely on the court’s inherent “equitable” jurisdiction to uphold what in layman’s terms is or ought to be a fair outcome, given the circumstances or because of a nonbinding “agreement” between parties. In general a party relying on Proprietary […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – EXPLORING THE DIFFERENCES BETWEEN CONSTRUCTIVE TRUST AND PROPRIETARY ESTOPPEL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, explore the differences (if any) between a claim of Constructive Trust and a claim of Proprietary Estoppel What in general is a Constructive Trust/Proprietary Estoppel claim These are claims which rely on the court’s inherent “equitable” jurisdiction to uphold what in layman’s terms is or ought to be a fair outcome, given the circumstances or non-binding […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – THE INHERENT DANGER OF A PROPRIETARY ESTOPPEL CLAIM

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the inherent problems of a claim of Proprietary Estoppel What is a Proprietary Estoppel claim and why make it? Proprietary Estoppel is a claim relying on the court’s inherent “equitable” jurisdiction which in layman’s terms might be described as a court’s overriding jurisdiction to uphold what is “fair”. Whilst not entirely accurate, this description is […]

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