bars

Blog

Reasons to Contest a Will

If you have been left out of a will, or feel that the terms of the will are unfair to you, you may be able to contest it. In this article, we examine different reasons to contest a will and what steps you need to take if you want your inheritance changed. Reasons to contest a will In some cases, you may feel that the will isn’t legally valid. For […]

What Is a Mirrored Will?

A mirrored will is a legal document that sees one person in a couple leave their estate and assets to their partner when they pass away. In this blog, we look in more detail at ‘what is a mirrored will?’ and share some key information behind it. What is a mirrored will? Put simply, mirror wills are a pair of wills that a couple makes when they want to mirror […]

More Detail About Jointly Owned Property

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide more detail about jointly owned property Jointly owned property – do the Will or rules of intestacy even apply to it? The question of whether estate property is jointly owned and if so the type of joint ownership can determine if that property (which is usually the largest estate asset) falls to be dealt with […]

Requirements for a Constructive Trust And Formalities for Property Disposition

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the Court of Appeal decision in Hudson v Hathway Hudson v Hathway [2022] EWCA Civ 1648 The recent Court of Appeal decision in Hudson v Hathway has clarified the requirements for a common intention constructive trust and the requirements for property disposition in the modern age. Here is the link: Hudson v Hathway [2022] EWCA […]

Can a Will Be Amended After Death?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether a Will can be amended after the death of the testator Can a Will really be amended after the death of the testator? The answer is yes it can. As we explained in a previous blog a Will can be amended notwithstanding the person who made it has died: WHAT CAN BE DONE ABOUT […]

What Causes a Claim by an Adult Child Under The Inheritance (Provision for Family and Dependents) Act 1975 To Fail?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the likely causes of the failure of a recent claim by an adult child under the Inheritance (Provision for Family and Dependants) Act 1975 Why are claims for financial provision by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 so difficult? The problem is this; adult children are not “favoured applicants” […]

The Problem With Settling Will Dispute and Will Contest Claims After Court Proceedings Have Been Issued

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss pre-trial settlements involving disputed or contested Wills after court proceedings have been initiated What is the problem with settling your Will case after Court proceedings have been issued and served? The position is this. Your claim (or your opponents claim) against the legal validity of a near relatives Will has dissolved into court proceedings; each […]

What Is the Test for Legal Testamentary Capacity

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, unravel the test for legal testamentary capacity What is legal testamentary capacity and why is it important in Will dispute and Will contest claims? Legal testamentary capacity is the capacity or ability to make a legal Will. Without it a Will can be declared invalid which means the testator’s estate (“the testator” is the legal term […]

The End of Fraudulent Calumny?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider whether in light of a recent decision, fraudulent calumny claims have become much more difficult to prove The species of undue influence known as “fraudulent calumny” We discussed this type of undue influence in our previous blog at: Challenging wills using Fraudulent calumny – Will Claim Solicitors What undue influence comprises is usually fairly obvious; […]

Knowledge and Approval of the Will Contents

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the requirement that a testator must know and approve of the Will contents for it to be valid “Knowledge and Approval” – one of the fundamental requirements of a valid Will “Knowledge and Approval” – one of the fundamental requirements of a valid Will We have discussed the requirement of “testamentary capacity” in a number […]

Running a Late Application for Financial Provision on Behalf of a Disappointed Adult Child

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide a snapshot of the key points to bear in mind in connection with a late application for financial provision on behalf of a disappointed adult child What is a financial provision claim and when is it late? We have addressed basic principles in relation to adult child financial provision claims in our previous blogs: HOW […]

Commentary on Antonio v Williams

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the new case of Antonio v Williams Antonio v Williams – a further claim for financial provision under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 The case of Antonio v Williams [2022] EWHC 2383 (Ch) is a claim by the brother of the deceased for financial provision based on the […]

How to remove a caveat on probate UK

Losing a loved one is painful, but things get worse when there is a dispute over their will. Other parties may caveat the will, preventing what should essentially be a smooth probate. This article teaches how to remove a caveat on probate UK based. What is probate? Probate is the legal process that gives recognition to a will and gives a personal representative the right to deal with the deceased […]

How to check if probate has been granted

Becoming the executor of an estate comes with many responsibilities, but in some cases, it can be even more challenging for those who are not executors or not named in the will when they believe they should have been. If you have any questions or concerns about the will of a loved one, you may be looking into contesting it and wondering how to check if probate has been granted. […]

How to contest a will in the UK

Contesting a will is one of the most emotionally challenging legal disputes you can take on, but if you feel that someone you love has passed on and their will doesn’t accurately reflect what they wanted, it may be worth contesting their will. It’s sometimes necessary to contest a will if you feel it is invalid for one of a number of reasons. If you can bring into doubt the […]

Hughes v Pritchard – back to basics in Will dispute and Will contest claims where the primary issue is testamentary capacity

Willclaim Solicitors, who specialise in handling Will dispute and Will contest claims under no win no fee agreements, consider the impact of the recent Court of Appeal decision in Hughes v Pritchard The decision – Hughes v Pritchard – the relevant decision can be found at: https://www.bailii.org/ew/cases/EWCA/Civ/2022/386.html This was mainly a decision about the legal testamentary capacity of an elderly testator and his disposal of his farm by the terms […]

How much does it cost to contest a will in the UK?

Contesting a will can be a stressful legal process with several factors to take into account. One of the major concerns for anyone thinking of contesting is the potential costs and legal fees that might be accrued. In this guide, we’re going to answer the question, how much does it cost to contest a will in the UK? How much does it cost to contest a will in the UK? […]

Knowledge and Approval and Undue Influence in Will Contest and Will Dispute Claims

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss knowledge and approval and undue influence in Will contest and Will dispute claims Reeves v Drew [2022] EWHC 159 (Ch) In this very recent case both knowledge and approval and undue influence were raised as the key grounds for contesting the Will as per the following link: Reeves v Drew & Ors [2022] EWHC 153 […]

Abdenoor v Barker – a new Will contest or Will dispute claim revealing the inherent dangers of a trial

Abdenoor v Barker [2022] EWHC 1468 (Ch) Abdelnoor & Anor v Barker& Ors [2022] EWHC 1468 (Ch) (14 June 2022) (bailii.org) This was a claim against the legal validity of a Will dated 26 January 2018 on two grounds; lack of knowledge and approval and undue influence. In other words the deceased couldn’t or didn’t know and approve the Will that she purported to sign in front of two witnesses. […]

Irrational hostility and insane delusion – two unusual grounds to challenge a the validity of a Will

A case study The Claimant, an only child, instructed us to bring a claim against the legal validity of his deceased mother’s last Will under which he was not a named beneficiary. Instead the entirety of her estate had been left to a friend. The deceased’s Will file provided detailed reasons for disinheriting our client including a signed statement strongly suggesting she was either suffering from an insane delusion directing […]

cross