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 […]
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 […]
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 […]
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being where the legal validity of a Will is contested and there is no previous Will (or if there was a previous Will it was revoked by […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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’ […]
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 […]
General 1. It sounds obvious but your no win no fee Solicitor in relation to a will dispute or will contest case is only likely to be willing to work for you under a no win no fee arrangement, if they consider that they can win your claim (although there are certain types of claim which they might be willing to take on speculatively). 2. It also sounds obvious to […]
1. Do I have any rights in law to my former partner/common law wife/husband’s estate? In short, no, absent a Will in your favour. There is no right to inherit from a former partner/common law wife/husband’s estate unless the relationship was formalised by marriage or by means of a “Civil Partnership” in law which is similar to a marriage. 2. Can I bring a claim against my former partner/common law […]
It is a common misconception that the deceased’s partner or his/her common law wife/husband has a right to inherit the deceased’s estate or to a share of it. This is often the reason cited for him/her not to have made a Will. Unfortunately the law in general doesn’t recognise this although perhaps it should (!). If then the partner or common law wife/husband dies unexpectedly leaving no Will, what happens […]
